Kirby v. Guadagnino et al
Plaintiff: Nicholas Kirby
Defendant: Det. Sgt. Michael Guadagnino, K.P. Terry, Det. Sgt. DN Thomas and Police Officer Paul Spadinger
Case Number: 1:2022cv00011
Filed: January 5, 2022
Court: US District Court for the Northern District of New York
Presiding Judge: Mae A D'Agostino
Referring Judge: Miroslav Lovric
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 24, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 24, 2022 Opinion or Order Filing 13 ORDER granting #12 VOLUNTARILY DISMISSAL OF CASE. Signed by U.S. District Judge Mae A. D'Agostino on 2/23/22. (Copy served via regular mail upon plaintiff)(ban) Modified on 2/24/2022 (ban).
February 22, 2022 Filing 12 Letter from Nicholas Kirby. (ztc, )
February 8, 2022 Opinion or Order Filing 11 ORDER and REPORT-RECOMMENDATION. It is ORDERED that Plaintiff's motion for appointment of counsel (Dkt. No. 7) is DENIED without prejudice; and it is further ORDERED that Plaintiff's amended IFP application (Dkt. No. 8) is DENIED as incomplete; and it is further respectfully RECOMMENDED that, because this action was not properly commenced, the Clerk of the Court be directed to administratively close this action; and it is further respectfully RECOMMENDED that if Plaintiff desires to pursue this action, he, within 30 days of the Courts ruling on this Order and Report-Recommendation, either (1) pay the $402.00 filing fee in full, or (2) submit a completed and signed IFP application; and it is further ORDERED that, in accordance with the Rule 10.1(c)(2) of the Courts Local Rules, Plaintiff shall promptly notify the Clerks Office and all parties or their counsel, in writing, of any change in his address. Plaintiff's failure to do so may result in the dismissal of thisaction. Signed by Magistrate Judge Miroslav Lovric on February 8, 2022. Objections to R&R Deadline 02/22/2022. Case Review Deadline 2/25/2022. (Served with a copy of a Blank IFP Application)(Copy served via regular mail)(ztc, ).
January 21, 2022 Filing 10 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 U.S. District Judge Mae A. D'Agostino on January 21, 2022. {text order served via regular mail on plaintiff}(nas)
January 21, 2022 Filing 9 INMATE AUTHORIZATION FORM by Nicholas Kirby. (nas, )
January 21, 2022 Filing 8 MOTION for Leave to Proceed in forma pauperis filed by Nicholas Kirby(nas, )
January 18, 2022 Filing 7 MOTION to Appoint Counsel filed by Nicholas Kirby. Motions referred to Miroslav Lovric. (ztc, )
January 18, 2022 Filing 6 PRO SE NOTICE signed by Nicholas Kirby. (ztc, )
January 10, 2022 Opinion or Order Filing 5 ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that plaintiff's IFP application is DENIED as incomplete. 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, (1) either (a) pay the $402.00 filing fee in full, or (b) submit a completed and signed IFP application; AND (2) submit a completed and signed inmate authorization form. Signed by U.S. District Judge Mae A. D'Agostino on January 10, 2022. {order and blank forms served via regular mail on plaintiff}(nas)
January 6, 2022 Filing 4 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (Copy Mailed to Plaintiff) (ztc, )
January 6, 2022 Filing 3 PRO SE HANDBOOK, NOTICE, and Local Rules issued to Nicholas Kirby. (ztc, )
January 5, 2022 Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Nicholas Kirby. Motions referred to Miroslav Lovric. (ztc, )
January 5, 2022 Filing 1 COMPLAINT against Michael Guadagnino, K.P. Terry, DN Thomas, and Paul Spadinger. Filed by Nicholas Kirby. (Attachments: #1 Exhibits, #2 Civil Cover Sheets, #3 Cover Letter, #4 Envelope)(ztc, )

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Plaintiff: Nicholas Kirby
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Defendant: Det. Sgt. Michael Guadagnino
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Defendant: K.P. Terry
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Defendant: Det. Sgt. DN Thomas
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Defendant: Police Officer Paul Spadinger
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