Smith v. Smith et al
| Rikisha S. Smith |
| President Nixon, Jason S. Lebron, Nikki Piddilla, Laverne Scott, Strauthmeek J. Hosea, Marina Bewer, Rikita Smith, Torron J. Baxter, Sadi, Dorthy Sullivan, Tonya Crawford and Strauther L. Hosea |
| 5:2020cv00748 |
| July 6, 2020 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Thomas J McAvoy |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on June 15, 2021. A more recent docket listing may be available from PACER.
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Filing 17
DECISION & ORDER: It is hereby ORDERED that the Plaintiff's #14 objection is OVERRULED, and the Court ACCEPTS AND ADOPTS Magistrate Judge Lovric's recommendation in the #10 August 20, 2020 Order and Report-Recommendation, to dismiss the Complaint with leave to replead. Accordingly, it is hereby ORDERED that Plaintiff's #1 Complaint, is DISMISSED with leave to replead. The #11 Amended Complaint filed by Plaintiff, is referred to Magistrate Judge Lovric for an initial review. To the extent Plaintiff appeals Magistrate Judge Lovric's denial of the #14 motion for appointment of counsel, the appeal is DENIED. This denial does not preclude Plaintiff from bringing a new motion for appointment of counsel in connection with the Amended Complaint. To the extent Plaintiff appeals Magistrate Judge Lovric's denial of the #14 motion for a refund of the filing fee, the appeal is DENIED. Signed by Senior Judge Thomas J. McAvoy on 9/2/2020. {Copy served upon Pro Se Plaintiff via regular mail}(pjh, )
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Filing 16
CD: CD containing medical records filed by Rikisha S. Smith, Pro Se. The CD is located in the Syracuse Clerk's Office and is not available for public viewing. (pjh, )
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Filing 15
Medical Records filed by Rikisha S. Smith, Pro Se. (pjh, ) Modified on 8/28/2020 document replaced with a redacted version (pjh, ).
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Filing 14
OBJECTION to the #10 Report and Recommendations by Rikisha S. Smith, Pro Se. (pjh, )
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Filing 13
Letter from Rikisha Smith, Pro Se dated August 25, 2020. (pjh, )
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Filing 12
Letter from Rikisha Smith, Pro Se dated August 25, 2020 stating that her children are Plaintiffs in this action. (pjh, )
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Filing 11
AMENDED COMPLAINT with exhibits against Attorney General's Office filed by Rikisha S. Smith, Pro Se.(pjh, )
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Filing 10
ORDER & REPORT AND RECOMMENDATIONS: It is Ordered that the #2 MOTION for Leave to Proceed in forma pauperis is DENIED as moot, and the #3 MOTION to Appoint Counsel is DENIED, and further that the #9 Letter Motion requesting a refund of the filing fee is DENIED. It is RECOMMENDED that the Court DISMISS WITH LEAVE TO REPLEAD the #1 Complaint filed by Rikisha S. Smith. (Objections to R&R due by 9/4/2020, Case Review Deadline 9/8/2020) Signed by Magistrate Judge Miroslav Lovric on 8/21/2020. (Attachments: #1 Caselaw) (Copy served upon the pro se plaintiff via regular mail) (jmb)
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Filing 9
LETTER REQUEST dated 8/17/2020 filed by Rikisha S. Smith, Pro Se requesting to be refunded the filing fee. Submitted to Magistrate Judge Miroslav Lovric. (kmp)
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Filing 8
LETTER dated 8/17/2020 filed by Rikisha S. Smith, Pro Se.(kmp)
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Filing 7
PRO SE NOTICE returned executed by Rikisha S. Smith, Pro Se. (pjh, )
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| Filing 6 TEXT ORDER: Service cannot be effected on Defendants named in the Complaint #1 because the addresses provided by Plaintiff in the Complaint are incomplete, entirely lacking, or appear to be fictitious. For example, the Complaint lists the address for Defendant Baxter as "0666 Jameville" (Dkt. No. 1 at 5), Defendant Nix[]on as "0666 Jamesville" (id. at 6), and Defendant Piddilla as "318 Palmer" (id. at 11). Within forty-five days from the date of this Order, Plaintiff is directed to file with the Clerk of the Court amended summonses and USM 285 forms with properly named Defendants and addresses. In the event Plaintiff fails to comply with this Order, it will result in a recommendation to the assigned District Judge that this action be dismissed without prejudice. The Clerk of the Court shall provide twelve blank summonses and twelve blank USM 285 forms to Plaintiff for completion. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 7/8/2020. (Copy served on Pro Se Plaintiff via regular mail)(jdp) |
| Filing 5 PRO SE HANDBOOK and NOTICE and LOCAL RULES served upon Pro Se via regular mail on 7/8/2020. (kmp) |
| Filing 4 PRO SE NOTICE filed by Rikisha S. Smith, Pro Se. (kmp) |
| Filing 3 MOTION to Appoint Counsel filed by Rikisha S. Smith, Pro Se. Motions referred to Magistrate Judge Miroslav Lovric. (kmp) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Rikisha S. Smith, Pro Se. (Attachments: #1 Proposed Summons) Motions referred to Magistrate Judge Miroslav Lovric. (kmp) |
| Filing 1 COMPLAINT against Torron J. Baxter, Marina Bewer, Tonya Crawford, Strauther L. Hosea, Strauthmeek J. Hosea, Jason S. Lebron, Nikki Piddilla, President Nixon, Sadi, Laverne Scott, Rikita Smith, and Dorthy Sullivan (Filing fee $400 receipt number SYR057698) filed by Rikisha S. Smith, Pro Se. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(kmp) |
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