Brewer v. City of Binghamton et al
| Robert Brewer |
| City of Binghamton, Richard David, Mayor Jared Kraham, Deputy Mayor Patrick McGinnes, Acting Commissioner Parks & Recreation, Mayor Richard David, Deputy Mayor Jared Kraham, Patrick McGinnes and Jaime Cirilo |
| 3:2021cv00884 |
| August 5, 2021 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Glenn T Suddaby |
| Civil Rights: Other |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| None |
Docket Report
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This docket was last retrieved on September 20, 2021. A more recent docket listing may be available from PACER.
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Filing 14
TEXT ORDER STRIKING NOTICE OF FILING OF EXHIBITS DKT. NO. 13 . Because these documents are being stricken from the docket, they will not be considered by the Court. Plaintiff is not seeking any relief from the Court in Dkt. No. 13. Pursuant to Local Rule 26.2, the court does not accept the filing of discovery materials unless the court specifically directs such documents be filed or when submitted in support of a motion filed pursuant to Rule 37 of the Federal Rules of Civil Procedure. Since the court has not directed the filing of discovery in this action, nor are plaintiff's submissions in support of a motion filed pursuant to Rule 37, neither discovery materials nor certificates of service regarding the same are to be filed with the Court. SO ORDERED by Magistrate Judge Miroslav Lovric on 9/20/2021. (Copy served on pro se Plaintiff via regular mail) (jdp )
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Filing 12
TEXT ORDER: Letter Motion #11 is GRANTED to the extent that any reference in the Amended Complaint #3 to the defendant referred to by Plaintiff as "Jaime Cirillo" shall be deemed to refer to "Jaime Cirilo" and the Clerk of the Court is directed to amend the docket sheet accordingly. SO ORDERED by Magistrate Judge Miroslav Lovric on 9/7/2021. (Copy served by regular mail on Plaintiff) (jdp)
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| Filing 11 Letter Motion from Robert Brewer, Pro Se requesting defendant Jamie Cirillo's name to be updated on the docket submitted to Judge Miroslav Lovric. (pjh, ) |
| Filing 10 TEXT ORDER TO STRIKE the #9 Second Amended Complaint filed by Plaintiff Robert Brewer because Plaintiff has already amended his complaint once as a matter of course pursuant to Fed. R. Civ. P. 15(a)(1) and this second amendment does not appear to be made with the written consent of Defendants. As a result, the Court will not consider it. To the extent that Plaintiff seeks the Court's leave to amend, he must file a motion to amend pursuant to Fed. R. Civ. P. 15(a)(2) and N.D.N.Y. L.R. 15.1. The motion must set forth specifically the proposed insertions and deletions of language and identify the amendments in the proposed pleading, either through the submission of a redline/strikeout version of the pleading sought to be amended or through other equivalent means. N.D.N.Y. L.R. 15.1(a). Authorized by U.S. Magistrate Judge Miroslav Lovric on 9/1/2021. (Copy served by regular mail on Plaintiff)(jdp) |
| Clerk sent Plaintiff Robert Brewer, Pro Se, copies of the 8/18/2021 summons per his telephone request on 9/1/2021 via regular mail. (gmd, ) |
| Filing 9 ***STRICKEN PURSUANT TO THE COURTS 10 TEXT ORDER***AMENDED COMPLAINT against Jaime Cirillo, City of Binghamton, Richard David, Jared Kraham and Patrick McGinnes filed by Robert Brewer, Pro Se. (Attachments: #1 Proof of Service)(pjh, ) Modified on 9/1/2021 (jdp, ). |
| Filing 8 Summons Issued as to City of Binghamton, #1 Richard David, #2 Jared Kraham, #3 Patrick McGinnes, and #4 Jaime Cirillo. Copies sent to plaintiff via regular mail. (gmd) |
| CLERK'S CORRECTION OF DOCKET ENTRY regarding #6 Summons Issued. Clerk issued summons for a PRO SE case, which are issued for IFP status, with US Marshall's Office performing service. However, in this instance plaintiff paid the filing fee and therefore Summons in a Civil Action will be issued immediately. Pro Se plaintiff is directed to use the summons issued on 8/18/2021 and disregard the summons issued on 8/17/2021. Copy mailed to plaintiff, PRO SE, via regular mail.(gmd) |
| Filing 7 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 11/15/2021 at 10:00 AM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/8/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (gmd) |
| Filing 6 Summons Issued as to City of Binghamton, #1 Jared Kraham, #2 Patrick McGinnnes, #3 Jaime Cirillo, #4 Richard David . Copies mailed to PRO SE plaintiff via regular mail on 8/17/21(gmd) |
| Filing 5 PRO SE HANDBOOK, LOCAL RULES, and NOTICE mailed to Plaintiff Robert Brewer via regular mail on 8/17/2021. (gmd) |
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Filing 4
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 and PAID filing fee. The Clerk is directed to reopen this action and restore it to the Court's active docket. Signed by Chief Judge Glenn T. Suddaby on August 16, 2021. (Copy served via regular mail)(gmd)
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| Filing 3 AMENDED COMPLAINT against Jaime Cirillo, City of Binghamton, Richard David, Jared Kraham, Patrick McGinnes filed by Robert Brewer, PRO SE. (Attachments: #1 Cover Letter, referencing initial Exhibits, #2 Exhibit: Court Order with Notes)(gmd, ) |
| CIVIL CASE FILING FEE PAID by Robert Brewer: Receipt #SYR059667, issued for the amount of $402.00. (copy served upon Pro Se plaintiff by regular mail). (gmd, ) |
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Filing 2
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. Plaintiff's complaint was filed in the Northern District of New York on August 5, 2021. Plaintiff has not paid the filing fee for this action, nor has the plaintiff filed an In Forma Pauperis Application Form ("IFP Application"). A civil action is commenced in federal district court by filing a complaint. Fed. R. Civ. P. 3. The statutory filing fee must also be paid at the time an action is commenced, unless the plaintiff seeks in forma pauperis status. See 28 U.S.C. 1914(a), 1915(a). The total cost for filing a civil action in this court is $402.00 (consisting of the civil filing fee of $350.00, see 28 U.S.C. 1914(a), and an administrative fee of $52.00). WHEREFORE, it is hereby ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further ORDERED that if plaintiff desires to pursue this action, he must so notify the Court WITHIN THIRTY (30) DAYS of the filing date of this Order and either (1) pay the full $402.00 filing fee for civil actions or (2) submit a completed and signed IFP Application; and it is further ORDERED that upon plaintiff's compliance herewith, the Clerk shall reopen this action and forward it to the Court for review; and it is further ORDERED that the Clerk serve a copy of this Order on plaintiff, along with a blank IFP Application. IT IS SO ORDERED. Signed by Chief Judge Glenn T. Suddaby on 8/9/2021. (Copy served upon plaintiff via regular mail) (sal)
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| Filing 1 COMPLAINT against Acting Commissioner Parks & Recreation, City of Binghamton, Richard David, Mayor Jared Kraham and Deputy Mayor Patrick McGinnes filed by Robert Brewer, Pro Se. {No filing fee was paid} (Attachments: #1 Civil Cover Sheet, #2 Cover Letter, #3 Envelope)(pjh, ) |
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