McWilliams v. Sandy et al
| Michael P. McWilliams |
| Paul A. Sandy, David Guerrera, Cortland City Police Department - Criminal Investigation Division and Cortland City Police Department |
| 5:2023cv00728 |
| June 16, 2023 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| David N Hurd |
| Miroslav Lovric |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 8 TEXT ORDER: Letter Motion #7 is DENIED as MOOT. Currently there is no deadline by which a summons must be issued or served in this case. The IFP and Complaint are under review by the Court and will be addressed in due course. The issue of whether summons will be issued shall be addressed after the Court decision as to the IFP and Complaint. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 8/4/2023. [copy served on Plaintiff via regular mail] (jdc ) |
| Filing 7 Letter Motion from Michael P. McWilliams, Pro Se requesting a 60 day extension submitted to Magistrate Judge Miroslav Lovric. (pjh, ) |
| Filing 6 Case transferred in from District of New York Southern; Case Number 1:23-cv-04651. electronically transferred when case opened |
Filing 5
ORDER re: #4 Letter, filed by Michael P. McWilliams. Plaintiff's motion for reconsideration (ECF 4) is denied. This action is closed. The Clerk of Court will only accept for filing documents that are directed to the United States Court of Appeals for the Second Circuit. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/15/2023) (sac) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 6/16/2023.]
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| Filing 4 LETTER addressed to Judge Laura Taylor Swain from M. McWilliams, dated 6/13/23 re: I write this letter for reconsideration of the Transfer Order submitted on 6/9/23. The Pro Se Unit for the Southern District of New York filed this Complaint incorrectly. Said Unit filed the complaint under the following Nature of Suit "550 Prisoner Petitions-Habeas Corpus - Civil Rights"; under cause, the Pro Se Unit placed "42:1983 Prisoner Civil Rights" etc. Document filed by Michael P. McWilliams.(sc) [Transferred from New York Southern on 6/16/2023.] |
| MAILING RECEIPT: Document No: 3. Mailed to: Michael P. McWilliams 98 Flandreau Ave. New Rochelle Ave., NY 10804. (kh) [Transferred from New York Southern on 6/16/2023.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York. (sac) [Transferred from New York Southern on 6/16/2023.] |
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Filing 3
TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Northern District of New York. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes this case. The Court certifies, under 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/9/23) (rdz) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 6/16/2023.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(rdz) [Transferred from New York Southern on 6/16/2023.] |
| Filing 2 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Michael P. McWilliams.(sc) [Transferred from New York Southern on 6/16/2023.] Modified on 6/16/2023 (nas, ). |
| Filing 1 COMPLAINT against Cortland City Police Department(Criminal Investigation Division), Cortland City Police Department, David Guerrera, Paul A. Sandy. Document filed by Michael P. McWilliams. (Attachments: #1 Exhibit 1).(rdz) [Transferred from New York Southern on 6/16/2023.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 6/16/2023.] |
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