Holmes v. Oxford City Police Department et al
| Alan Holmes |
| Oxford City Police Department, Adam Francis, Jason Sherman, Abigail Roberts and Jennifer Lee |
| 3:2023cv01459 |
| November 21, 2023 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Thomas J McAvoy |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on January 17, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 Letter from Alan Holmes enclosing supplement to complaint. (hmr) |
| Set Deadlines: Notice of Compliance Deadline 2/1/2024, Case Review Deadline 2/4/2024. (jdc ) |
| Filing 10 Letter from Holmes enclosing supplement to complaint. (nas ) |
| Filing 9 TEXT ORDER: The Court is in receipt of Plaintiff's new application to proceed in the action in forma pauperis. (Dkt. No. 7.) Plaintiff's IFP application (Dkt. No. 7 ) is DENIED. Plaintiff has failed to fully comply with Decision & Order #6 . His most recent application is incomplete and does not comply with Order #6 , insofar as it does not include, (1) copies of Plaintiff's inmate account statements that reflect the balance of his account for the six months immediately preceding the filing of this action, and (2) an affidavit explaining the discrepancies noted in the Courts decision and order dated 12/15/2023. Plaintiff was required to submit copies of his account statements pursuant to 28 U.S.C. 1915(a)(2) and the Court's Order dated December 15, 2023. (Dkt. No. 6.) Plaintiff was also required to submit an affidavit explaining the discrepancy issues as discussed in Order #6 . In the event Plaintiff wishes to proceed in this action, he shall, within 30 days of the date of this Order, submit a "certified copy of [his] trust fund account statement (or institutional equivalent)... for the 6-month period immediately preceding the filing of the complaint." 28 U.S.C. 1915(a)(2), and an affidavit as described in Order #6 . SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 1/2/2024. (Copy served upon plaintiff via regular mail) (jdc) |
| Filing 8 INMATE AUTHORIZATION FORM by Alan Holmes. (Attachments: #1 Envelope)(hmr) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis filed by Alan Holmes Motions referred to Miroslav Lovric. (hmr) |
Filing 6
DECISION and ORDER: that Plaintiff's IFP application (Dkt. No. #2 ) is Denied; that should Plaintiff wish to proceed with this action, within thirty (30) days from the date of the filing of this Decision and Order, Plaintiff must either (1) pay the $405.00 filing fee in full, or (2) submit an affidavit and IFP application with certified account statements; that in the event Plaintiff fails to timely comply with the requirements set forth in this Decision and Order, the undersigned will issue a report and recommendation to assigned district judge recommending that this action be dismissed; that upon Plaintiff's compliance with this Decision and Order, the file shall be returned to the Court for further review; and that the Clerk of the Court shall file a copy of this Decision and Order on the docket of this case and serve a copy upon the parties in accordance with the local rules. The Clerk is directed to sent Plaintiff a second copy of this Decision and Order, which Plaintiff may provide to the inmate accounts office at his facility along with his request for certified copies of his inmate account statements, and in addition, the Clerk of the Court is directed to provide Plaintiff with a copy of the letter from the Tioga County Sheriff's Office (Dkt. No. #5 ). Signed by Magistrate Judge Miroslav Lovric on 12/15/2023. (Two Copies of this Decision and Order, Dkt. No. #5 ; and blank IFP forms and Inmate Authorization were mailed to pro se plaintiff via regular mail on 12/15/2023.)(hmr)
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| Filing 5 Letter from the Tioga County Sheriff's Office in response to Dkt. No. 4 Text Order. (Attachments: #1 envelope)(nas ) |
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Filing 4
ORDER TO SHOW CAUSE directed to the Tioga County Sheriff: Upon review of Plaintiff's application to proceed in the action in forma pauperis ("IFP") (Dkt. No. 2), the Court notes that the handwriting in the certification portion of Plaintiff's IFP application appears suspiciously similar to the handwriting in the Complaint #1 , other portion of the IFP application #2 , and Inmate Authorization #3 . On or before 12/28/2023, the Tioga County Sheriff is directed to submit a letter to the Court indicating whether a Tioga County jail official signed and certified the application. (Dkt. No. 2 at 2.) The Clerk of the Court is directed to serve a copy of this order and Plaintiffs IFP Application #2 on the Tioga County Sheriff and to mail Plaintiff a copy of this order. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 11/29/2023. (Copy served upon Plaintiff via regular mail) (jdc, )
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| Filing 3 INMATE AUTHORIZATION FORM filed by Alan Holmes. (meb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Alan Holmes. (Attachments: #1 Proposed Summons)(meb) |
| Filing 1 COMPLAINT against Adam Francis, Jennifer Lee, Oxford City Police Department, Abigail Roberts, Jason Sherman filed by Alan Holmes. (Attachments: #1 Civil Cover Sheet)(meb) |
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