Young (PS) v. Garland et al
| Timothy Doyle Young |
| Merrick Garland, Michael Horowitz, Dept of Justice and USA |
| 1:2024cv00873 |
| April 1, 2024 |
| US District Court for the District of Colorado |
| Christine M Arguello |
| Susan Prose |
| Prisoner - Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on April 4, 2024. A more recent docket listing may be available from PACER.
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Filing 13
ORDER: this action is STRICKEN, and Plaintiff is assessed a monetary sanction of $400. Pursuant to 28 U.S.C. 1915(f)(2)(A) Plaintiff shall pay to the Clerk of the Court a monetary sanction of $400 to cover the cost and expenses of this action. ORDERED if at this time Plaintiff lacks funds to pay the $400 sanction, he will be allowed to make installment payments based on the formula articulated in 28 U.S.C. 1915(b)(2). the Clerk of the Court shall send a copy of this Order to FLM-LegalSvcs-S@bop.gov. SO ORDERED by Senior Judge Christine M. Arguello on 4/4/2024. (Order ad hoc to email address as instructed). (sphil, )
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| Filing 12 Case assigned to Magistrate Judge Susan Prose. Text Only Entry. (blaws) |
| Filing 11 Case transferred in from District of New York Northern; Case Number 9:23-cv-01387. File, transfer order and docket sheet received |
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Filing 10
DECISION AND ORDER: ORDERED that this action be transferred to the United States District Court for the District of Colorado. ORDERED that plaintiff's Letter Request (Dkt. No. #9 ) is DENIED moot. ORDERED that the Clerk advise the Clerk of the District of Colorado of the entry of this Decision and Order and provide all information necessary for the Clerk of the District of Colorado to electronically access the documents filed in this action. The Court hereby waives the fourteen (14) day waiting period provided for in Local Rule 3.7. Signed by Chief Judge Brenda K. Sannes on April 1, 2024. {order served via regular mail on plaintiff}(nas) [Transferred from New York Northern on 4/1/2024.]
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| Filing 9 Letter Motion from Timothy Doyle Young requesting an Order compelling DOJ to submit an inmate account statement. (nas ) [Transferred from New York Northern on 4/1/2024.] |
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Filing 8
TEXT ORDER: By Decision and Order entered on January 4, 2024, plaintiff's #3 application to proceed in forma pauperis was denied as incomplete, and plaintiff was afforded thirty days to comply with the filing fee requirements for proceeding with an action in this District. Dkt. No. 6 ("January 2024 Order"). Plaintiff has filed a notice of appeal of the January 2024 Order. Pursuant to Rule 3 of the Federal Rules of Appellate Procedure, a notice of appeal must "designate the judgmentor the appealable orderfrom which the appeal is taken[.]" The January 2024 Order is not a judgment or an appealable order. Rather it is an order confirming that this action remains administratively closed based on plaintiff's failure to comply with the filing fee requirements in this District. See Filanto, S.p.A. v. Chilewich Int'l Corp., 984 F.2d 58, 61 (2d Cir. 1993). Accordingly, the notice of appeal does not divest this Court of jurisdiction over this action. See id.; see also Leonhard v. United States, 633 F.2d 599, 610 (2d Cir. 1980); Rivera-Torres v. Ortiz Vlez, 341 F.3d 86, 96 (1st Cir. 2003); United States v. DeFries, 129 F.3d 1293, 1302-03 (D.C. Cir. 1997). If plaintiff wishes to proceed with this action, he must comply with the January 2024 Order within thirty days. In the event plaintiff fails to timely comply with the filing fee requirements set forth in the January Order, this action will be dismissed without prejudice without further Order of this Court and the Clerk shall close the case. Authorized by Chief Judge Brenda K. Sannes on February 14, 2024. {text order served via regular mail on plaintiff}(nas ) [Transferred from New York Northern on 4/1/2024.]
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| Filing 7 Notice of Appeal submitted by Young. (Attachments: #1 envelope) (nas ) [Transferred from New York Northern on 4/1/2024.] |
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Filing 6
DECISION AND ORDER: ORDERED that plaintiff's IFP Application (Dkt. No. #3 ) is DENIED as incomplete. ORDERED that plaintiff must, within thirty (30) days of the filing date of this Decision and Order, either (1) pay the $402.00 filing fee in full, or (2) submit an IFP application which has been completed and signed by him and which has been certified by an appropriate official at his facility. ORDERED that in the event plaintiff fails to timely comply with the filing fee requirements set forth in this Decision and Order, this action will be dismissed without prejudice without further Order of this Court and the Clerk shall close the case. ORDERED that upon plaintiff's compliance with this Decision and Order, the file shall be returned to the Court for further review, ORDERED that the Clerk shall serve plaintiff with a copy of the docket sheet, this Decision and Order, and a blank IFP application. Signed by Chief Judge Brenda K. Sannes on January 3, 2024. {order and blank ifp form served via regular mail on plaintiff}(nas ) [Transferred from New York Northern on 4/1/2024.]
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| Set Deadlines/Hearings: Notice of Compliance Deadline 2/5/2024 Case Review Deadline 3/4/2024 (nas, ) [Transferred from New York Northern on 4/1/2024.] |
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Filing 5
TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, and plaintiff was directed to respond to the Order if s/he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by Chief Judge Brenda K. Sannes on December 4, 2023. {text order served via regular mail on plaintiff}(nas) [Transferred from New York Northern on 4/1/2024.]
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| Filing 4 INMATE AUTHORIZATION FORM by Timothy Doyle Young. (nas ) [Transferred from New York Northern on 4/1/2024.] |
| Filing 3 MOTION for Leave to Proceed in forma pauperis filed by Timothy Doyle Young (Attachments: #1 envelope)(nas ) [Transferred from New York Northern on 4/1/2024.] |
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Filing 2
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that, if plaintiff desires to pursue this action, he must, within 30 days of the filing date of this Order, either (1) pay the $402.00 filing fee in full; or (2) submit a completed and signed IFP application. ORDERED that, in the event plaintiff chooses to file an IFP application, it must be accompanied by a signed inmate authorization form in accordance with the Court's Local Rules. Signed by Chief Judge Brenda K. Sannes on November 8, 2023. {order and blank forms served via regular mail on plaintiff}(nas) [Transferred from New York Northern on 4/1/2024.]
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| Filing 1 COMPLAINT against Dept. of Justice, Merrick Garland, Michael Horowitz, United States filed by Timothy Doyle Young. (Attachments: #1 envelope)(nas) [Transferred from New York Northern on 4/1/2024.] |
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