Lettieri v. Brigueal
| David C. Lettieri |
| Jenelle Brigueal |
| 3:2023cv01597 |
| December 18, 2023 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Anne M Nardacci |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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| Filing 15 MOTION for Writ of Mandamus filed by David C. Lettieri. Response to Motion due by 3/6/2024 (khr) |
| Filing 14 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #13 Notice of Interlocutory Appeal (khr) |
| Filing 13 NOTICE OF INTERLOCUTORY APPEAL as to #9 Report and Recommendations, Order by David C. Lettieri. (khr) |
| Filing 12 Letter Request/Motion from David C. Lettieri requesting to amend complaint. (khr) |
| Filing 11 OBJECTION to #10 Report and Recommendations by David C. Lettieri. (khr) |
Filing 10
AMENDED ORDER and REPORT AND RECOMMENDATION: ORDERED that Plaintiff's amended IFP application (Dkt. No. 5) is DENIED; and it is further respectfully RECOMMENDED that should Plaintiff wish to proceed with this action, he be required to pay the $405.00 filing and administrative fees within thirty (30) days from the filing of an Order by the assigned District Judge adopting this Amended Order and Report- Recommendation. It is recommended that should Plaintiff fail to pay the full filing and administrative fees within thirty (30) days of the date of such an order, the case be dismissed without prejudice and without further order of the Court; and it is further respectfully RECOMMENDED that Plaintiffs Letter Motion (Dkt. No. 6) be DENIED without prejudice to refiling.( Objections to R&R due by 2/8/2024, Case Review Deadline 2/12/2024). Signed by Magistrate Judge Miroslav Lovric on 1/25/2024. (Copy served via regular mail)(khr)
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Filing 9
ORDER and REPORT-RECOMMENDATION re #1 Complaint #5 MOTION for Leave to Proceed in forma pauperis #6 Letter Motion requesting restraining order: It is ORDERED that Plaintiff's amended IFP application (Dkt. No. #5 is DENIED without prejudice and with leave to renew; and it is further ORDERED that should Plaintiff wish to proceed with this action, he must either (i) pay the $405.00 filing fee, or (ii) submit a completed, signed, and certified inmate IFP application in accordance with this Order and Report-Recommendation within thirty (30) days from the date of the filing of the Order and Report-Recommendation. It is further respectfully RECOMMENDED that the Court DISMISS WITH LEAVE TO AMEND Plaintiff's Complaint (Dkt. No. #1 ) pursuant to 28. U.S.C. 1915(e)(2)(B) for failure to state a claim upon which relief may be granted; and it is further RECOMMENDED that the court DENY Plaintiffs motion for a restraining order (Dkt. No. #6 ).( Objections to R&R due by 1/31/2024, Case Review Deadline 2/5/2024), Motions terminated: #5 MOTION for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Miroslav Lovric on 1/17/2024. (Copy served via regular mail, along with blank IFP form and all unreported decisions cited herein)(egr)
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| Filing 8 Letter to the Court from David Lettieri. (khr) |
| Filing 7 Letter to the Court from David Lettieri. (khr) |
| Filing 6 Letter Request/Motion from David C. Lettieri requesting retraining order. (khr) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by David C. Lettieri Motions referred to Miroslav Lovric. (khr) |
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Filing 4
DECISION and ORDER denying #2 Motion for Leave to Proceed in forma pauperis. ORDERED that Plaintiff's IFP application (Dkt. No. 2) is DENIED without prejudice and with leave to renew; and it is further ORDERED that should Plaintiff wish to proceed with this action, he must either (i) pay the $405.00 filing fee, or (ii) submit a completed, signed, and certified inmate IFP application in accordance with this Decision and Order within thirty (30) days from the date of the filing of this Decision and Order. Plaintiff is advised that, if he does not fully comply with this Decision and Order within thirty days, the undersigned will issue a report and recommendation to the assigned district judge that the action be dismissed;and it is further ORDERED that upon Plaintiffs compliance with this Decision and Order, the Clerk shall return the file to the Court for further consideration and, if appropriate, review of the complaint in accordance with 28 U.S.C. 1915(e)(2) and 28 U.S.C. 1915A. Signed by Magistrate Judge Miroslav Lovric on 12/19/2023. (Copy served with a blank inmate IFP application via regular mail)(khr)
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| Filing 3 INMATE AUTHORIZATION FORM by David C. Lettieri. (khr) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by David C. Lettieri Motions referred to Miroslav Lovric. (khr) |
| Filing 1 COMPLAINT against Jenelle Brigueal filed by David C. Lettieri. (Attachments: #1 Envelope)(khr) |
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| Plaintiff: David C. Lettieri | |
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| Defendant: Jenelle Brigueal | |
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