Gilmore et al v. Uncommon School Troy Prep et al
| Stephanie Gilmore and Darryl A. Gilmore, Sr. |
| Uncommon School Troy Prep, Johanna Martin and Maise Wright |
| 1:2020cv00979 |
| August 24, 2020 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Lawrence E Kahn |
| Daniel J Stewart |
| Assault Libel & Slander |
| 28 U.S.C. ยง 1983 Civil Rights |
| Plaintiff |
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Filing 8
TEXT ORDER: The Court has received Plaintiffs' amended complaint. Dkt. No. 7. Thus, the Order and Report-Recommendation by the Honorable Andrew T. Baxter, United States Magistrate Judge, Dkt. No. 6, is TERMINATED as moot, except for the grant of Plaintiffs' applications to proceed in forma pauperis, which the Court does not disturb. The amended complaint is referred to Judge Baxter for consideration. Signed by Senior Judge Lawrence E. Kahn on October 16, 2020. (Copy served via regular mail)(sas)
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| Filing 7 AMENDED COMPLAINT by Darryl A. Gilmore, Sr, Stephanie Gilmore. (mgh) Modified on 10/7/2020 to reflect the filing is an Amended complaint (mgh). |
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Filing 6
ORDER and REPORT-RECOMMENDATION: ORDERED, that plaintiffs' applications for IFP (Dkt. Nos. #2 , #5 ) are GRANTED; RECOMMENDED, that the complaint be DISMISSED WITHOUT PREJUDICE TO ALLOWING PLAINTIFFS FORTY-FIVE (45) DAYS TO AMEND THEIR COMPLAINT, and it is RECOMMENDED, that if the court adopts this Recommendation, the plaintiffs also be informed that any amended pleading must be a COMPLETE PLEADING, WHICH WILL SUPERCEDE THE ORIGINAL, and that plaintiffs must include all their facts and causes of action in the amended complaint. No facts or claims from the original complaint may be incorporated by reference, and it is RECOMMENDED, that if the court approves this recommendation, and plaintiffs file a proposed amended complaint, the proposed amended complaint be returned to me for further proceedings, and it is further; RECOMMENDED, that if plaintiffs fail to amend their complaint within the time allowed and without requesting an extension of time to do so, the case be CLOSED without further order of the court. ( Objections to R&R due by 10/9/2020, Case Review Deadline 10/13/2020),. Signed by US Magistrate Judge Andrew T. Baxter on 9/25/2020. (Copy served via regular mail)(mgh)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Darryl A. Gilmore, Sr. Motions referred to Andrew T. Baxter. (mgh) |
| Filing 4 TEXT ORDER: Plaintiffs have both signed the complaint, but only Stephanie Gilmore has signed the IFP application, in which she indicates that she is 100% responsible for supporting her husband and co-plaintiff Darryl Gilmore, Sr. (Dkt. No. 2 at 2). Unfortunately, both plaintiffs must complete an IFP application. It is well-settled that a person who has not been admitted to practice law may not represent anyone other than himself. Lattanzio v. COMTA, 481 F.3d 137, 139-40 (2d Cir. 2007). See also 28 U.S.C. 1654. Thus, Plaintiff Darryl A. Gilmore, Sr. must individually, within thirty (30) days of the date of this Order, submit a completed and signed IFP application. Plaintiff Darryl Gilmore, Sr. is warned that if, within the time period specified above, plaintiff fails to comply with this Order, he may be terminated from the docket, and any claims asserted by him will be dismissed from the action without prejudice without further Order of this Court. Upon full compliance with this Order, or at the expiration of the deadline to comply, whichever is earlier, the Clerk shall return this file to the Court for further review. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/16/2020. [Copy served upon pro se plaintiffs with IFP form via regular mail.] (nmk) |
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Filing 3
ORDER REASSIGNING CASE: ORDERED, that the undersigned disqualifies himself from assignment to this case in accordance with General Order 12(G)(8) and 28 U.S.C. 455(a); Case reassigned to US Magistrate Judge Andrew T. Baxter for all further proceedings. Magistrate Judge Daniel J. Stewart no longer assigned to case. Signed by Magistrate Judge Daniel J. Stewart on 9/15/2020. (Copy served via regular mail)(mgh, )
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| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Darryl A. Gilmore, Sr, Stephanie Gilmore. (Attachments: #1 Proposed Summons) Motions referred to Daniel J. Stewart. (dpk) |
| Filing 1 COMPLAINT against Johanna Martin, Uncommon School Troy Prep and Maise Wright filed by Darryl A. Gilmore, Sr. and Stephanie Gilmore. (Attachments: #1 Civil Cover Sheet) (dpk) |
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