Julio Isley Smith, et al. v. John Doe #1, et al.

CourtDistrict Court, N.D. New York
DecidedNovember 5, 2025
Docket9:25-cv-00765
StatusUnknown

This text of Julio Isley Smith, et al. v. John Doe #1, et al. (Julio Isley Smith, et al. v. John Doe #1, et al.) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Julio Isley Smith, et al. v. John Doe #1, et al., (N.D.N.Y. 2025).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

JULIO ISLEY SMITH, et al.,

Plaintiffs, 9:25-CV-0765 (BKS/MJK) v.

JOHN DOE #1, et al.,

Defendants.

APPEARANCES:

JULIO ISLEY SMITH Plaintiff, pro se 99-A-6505 Eastern NY Correctional Facility Box 338 Napanoch, NY 12458

BOBBY R.HUNT Plaintiff, pro se 10-B-3300 Eastern NY Correctional Facility Box 338 Napanoch, NY 12458

PEDRO JIMINEZ Plaintiff, pro se 19-A-3130 Eastern NY Correctional Facility Box 338 Napanoch, NY 12458

BENITO ABREU Plaintiff, pro se 19-A-2737 Eastern NY Correctional Facility Box 338 Napanoch, NY 12458 BLAIR BRETTON Plaintiff, pro se 19-A-2952 Eastern NY Correctional Facility Box 338 Napanoch, NY 12458

BRENDA K. SANNES Chief United States District Judge

DECISION AND ORDER I. INTRODUCTION On June 16, 2026, pro se plaintiffs Julio Isley Smith ("Smith"), Bobby R. Hunt ("Hunt"), Pedro Jiminez ("Jiminez"), Benito Abreu ("Abreu"), and Blair Bretton ("Bretton") commenced this action by filing a complaint. Dkt. No. 1 ("Compl."). Smith also filed a motion to appoint counsel (Dkt. No. 2) and a motion for preliminary injunctive relief (Dkt. No. 3). In a Decision and Order filed on July 29, 2025 (the "July 2025 Order"), this Court advised that, for any plaintiff to proceed with this case, he must, within thirty (30) days from the filing date of this Decision and Order, either (a) pay the Court's filing fee of four hundred and five dollars ($405.00) in full, or (b) submit a properly completed and signed in forma pauperis ("IFP") application. Because plaintiffs are incarcerated, any IFP application must be certified or accompanied by appropriate account statements, and submitted with a signed inmate authorization form reflecting his consent to pay the $350.00 filing fee over time, in installments. Dkt. No. 4 at 4. The Court cautioned that if any plaintiff failed to comply with the terms of the July 2025 Order, within the time period specified, that plaintiff would be dismissed from this action without prejudice without further Order of this Court. Id. Compliance or non-compliance, with the July 2025 Order by each plaintiff is discussed below. II. FILING FEE REQUIREMENTS A. Hunt, Jiminez, Abreu, and Bretton

Hunt, Jiminez, Abreu, and Bretton have wholly failed to comply with the July 2025 Order. Consequently, Hunt, Jiminez, Abreu, and Bretton are dismissed as plaintiffs herein, and the Clerk shall edit the docket to reflect their dismissal. B. Smith Smith submitted an IFP Application (Dkt. No. 5) and an inmate authorization form (Dkt. No. 7). "28 U.S.C. § 1915 permits an indigent litigant to commence an action in a federal court without prepayment of the filing fee that would ordinarily be charged." Cash v. Bernstein, No. 09-CV-1922, 2010 WL 5185047, at *1 (S.D.N.Y. Oct. 26, 2010). "Although an indigent, incarcerated individual need not prepay the filing fee at the time of filing, he must subsequently pay the fee, to the extent he is able to do so, through periodic withdrawals from

his inmate accounts." Id. (citing 28 U.S.C. § 1915(b) and Harris v. City of New York, 607 F.3d 18, 21 (2d Cir. 2010)). Upon review of Smith's IFP Application, the Court finds that he has demonstrated sufficient economic need. See 28 U.S.C. § 1915(a)(2). Smith also filed the inmate authorization form required in this District. Dkt. No. 6. Accordingly, the Court grants Smith's IFP Application. Having found that Smith meets the financial criteria for commencing this action IFP, and because Smith seeks relief from an officer or employee of a governmental

3 entity, the Court must consider the sufficiency of the allegations set forth in the complaint in light of 28 U.S.C. §§ 1915(e) and 1915A. III. SUFFICIENCY OF THE COMPLAINT A. Governing Legal Standard

Section 1915(e) of Title 28 of the United States Code directs that, when a plaintiff seeks to proceed in forma pauperis, "the court shall dismiss the case at any time if the court determines that – . . . (B) the action . . . (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. § 1915(e)(2)(B). Similarly, under 28 U.S.C. § 1915A, a court must review any "complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity" and must "identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint . . . is frivolous, malicious, or fails to state a claim upon which relief may be granted; or . . . seeks monetary relief from a defendant who is

immune from such relief." 28 U.S.C. § 1915A(b). Additionally, when reviewing a complaint, the Court may also look to the Federal Rules of Civil Procedure. Rule 8 of the Federal Rules of Civil Procedure provides that a pleading which sets forth a claim for relief shall contain, inter alia, "a short and plain statement of the claim showing that the pleader is entitled to relief." See Fed. R. Civ. P. 8(a)(2). The purpose of Rule 8 "is to give fair notice of the claim being asserted so as to permit the adverse party the opportunity to file a responsive answer, prepare an adequate defense and determine whether the doctrine of res judicata is applicable." Hudson v. Artuz, No. 95 Civ. 4768, 1998

4 WL 832708, at *1 (S.D.N.Y. Nov. 30, 1998) (quoting Powell v. Marine Midland Bank, No. 95- CV-0063 (TJM), 162 F.R.D. 15, 16 (N.D.N.Y. June 23, 1995) (other citations omitted)). A court should not dismiss a complaint if the plaintiff has stated "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570

(2007). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). While the court should construe the factual allegations in the light most favorable to the plaintiff, "the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions." Id. "Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Id. (citing Twombly, 550 U.S. at 555). Rule 8 "demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Id.

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