Bass v. Swartwood et al

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
JOHANN ALEXANDER BASS,
Plaintiff,
v.
SWARTWOOD, et al.,
Defendants.
9:25-CV-0082
(MAD/DJS)
APPEARANCES:
JOHANN ALEXANDER BASS
Plaintiff, pro se
174 Genesee Street
Apt 2
Auburn, NY 13021
MAE A. D'AGOSTINO
United States District Judge
ORDER
I. 	INTRODUCTION
In January 2025, pro se plaintiff Johann Alexander Bass ("plaintiff") commenced this
action pursuant to 42 U.S.C. § 1983 ("Section 1983") and sought leave to proceed in forma
pauperis ("IFP"). Dkt. No. 1 ("Compl."); Dkt. No. 2 ("IFP Application"). In a Decision and
Order filed on February 10, 2025 (the "February Order"), the Court granted plaintiff's IFP
application and dismissed the complaint, without prejudice, pursuant to 28 U.S.C. §§
1915(e)(2)(B) and 1915A(b) for failure to state a claim upon which relief may be granted.
Dkt. No. 4. In the February Order, the Court advised plaintiff that, if he wished to proceed, he
must file an amended complaint. See id.
Case 9:25-cv-00082-MAD-DJS Document 12 Filed 01/30/26 Page 1 of 3

2
In March 2025, plaintiff filed an appeal with the Second Circuit. Dkt. No. 6.
On January 15, 2026, the Second Circuit remanded the matter for further proceedings
"consistent with this Order." Dkt. No. 11.
WHEREFORE, in accordance with the Mandate of the Second Circuit, it is hereby
ORDERED that this case is reopened for further proceedings; and it is further
ORDERED that the Clerk of the Court shall terminate Ostrander and Simpson as
defendants herein; and it is further
ORDERED that defendants Swartwood, Hewitt, and Cayuga County shall respond to
the Fourteenth Amendment substantive due process claim related to surcharges; and it is
further
ORDERED that upon receipt of the documents for service, the Clerk shall issue
summonses and forward them with copies of the complaint to the U.S. Marshal for service of
process upon defendants. The Clerk shall forward a copy of the summonses and complaint
by mail to the Office of the Cayuga County Attorney, together with a copy of this Decision and
Order; and it is further
ORDERED that a response to the amended complaint shall be filed by defendants or
their counsel as provided for in the Federal Rules of Civil Procedure; and it is further
ORDERED that all pleadings, motions and other documents relating to this action
must bear the case number assigned to this action and be filed with the Clerk of the United
States District Court, Northern District of New York, 7th Floor, Federal Building, 100 S.
Clinton St., Syracuse, New York 13261-7367. Plaintiff must comply with requests by the
Clerk's Office for any documents that are necessary to maintain this action. All parties must
comply with Local Rule 7.1 of the Northern District of New York in filing motions; motions will
Case 9:25-cv-00082-MAD-DJS Document 12 Filed 01/30/26 Page 2 of 3

3
be decided on submitted papers, without oral argument, unless otherwise ordered by this
Court. Plaintiff is also required to promptly notify the Clerk's Office and all parties or
their counsel, in writing, of any change in his address; his failure to do so will result in
the dismissal of this action; and it is further
ORDERED that the Clerk shall serve a copy of this Decision and Order on plaintiff.
IT IS SO ORDERED.
Dated: January 30, 2026
Albany, New York
Case 9:25-cv-00082-MAD-DJS Document 12 Filed 01/30/26 Page 3 of 3