Weather v. Palmieri et al
| Leonard Eugene Weather |
| Utica Mayor Robert Palmieri, Jr., Anthony J. Picente, Jr., Oneida County Sheriffs, Jane Doe/John Doe, Robert Palmieri, Jr., New York State Police, Utica Police Department and Nurse Jane Doe |
| St. Elizabeth Medical Center |
| 6:2019cv00400 |
| April 2, 2019 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Glenn T Suddaby |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 22, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Set Deadlines/Hearings: Notice of Compliance Deadline 8/5/2019. (lmw)
|
|
Filing 13
DECISION AND ORDER accepting and adopting #8 Magistrate Judge Baxter's Report and Recommendation in its entirety; and the claims asserted in Plaintiff's original complaint are dismissed without prejudice. Plaintiff shall within 45 days of the date of this Decision Order do either of the following two things: (1) notify the Court in writing that he would like his currently pending Amended Complaint (Dkt. No. #12 ) to remain his new operative pleading in this action or (2) file a Second Amended Complaint; and upon Plaintiff notifying the Court of his intentions, Plaintiff's new operative pleading shall be referred to Magistrate Judge Baxter for his review of its pleading sufficiency pursuant to 28 U.S.C. 1915(e) (as well as his management of pretrial matters). If Plaintiff's new operative pleading has not corrected the pleading defects identified by Magistrate Judge Baxter in his Report-Recommendation (and/or if it asserts new claims plagued by other pleading defects), Plaintiff's action shall be DISMISSED with prejudice, upon the Report-Recommendation of Magistrate Judge Baxter. Signed by Chief Judge Glenn T. Suddaby on 6/19/19. (lmw) (Copy served upon pro se plaintiff via regular mail)
|
|
Filing 12
AMENDED COMPLAINT: against New York State Police, Utica Police Department, Oneida County Sheriffs, Jane Doe, Jane Doe/John Doe, Supervisor filed by Leonard Eugene Weather, Pro Se. (jmb)
|
|
Filing 11
TEXT ORDER denying without prejudice #10 Plaintiff's Letter Request for an extension of time to file an amended complaint as premature. The time for plaintiff to file an amended complaint has not started. After Chief Judge Suddaby issues an order on the #8 Report and Recommendation and Plaintiff's objections thereto, plaintiff will be given an opportunity to file an Amended Complaint and the deadline to file an amended complaint will be set in that order. SO ORDERED by Chief Judge Glenn T. Suddaby on 5/20/19. (lmw) (Copy served upon pro se plaintiff via regular mail)
|
|
Filing 10
Letter Motion filed by Leonard Eugene Weather, Pro Se requesting an extension of time to file an Amended Complaint, submitted to Judge Glenn T. Suddaby. Signed on 5/14/2019. Post marked 5/15/2019. (jmb)
|
|
Filing 9
OBJECTIONS: to the #8 Report and Recommendations filed by Leonard Eugene Weather, Pro Se. (Attachments: #1 Affidavit of Service, #2 Mailing Envelope) (jmb)
|
|
Filing 8
ORDER and REPORT-RECOMMENDATION re #1 Complaint filed by Leonard Eugene Weather: Ordered, that plaintiff's motion to proceed IFP (Dkt. No. #5 ) be Granted for purposes of filing, and it is further Recommended, that the complaint be Dismissed for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) and (iii) without prejudice to plaintiff filing an amended complaint as discussed above, and it is Recommended, that if the District Court adopts this recommendation, plaintiff be directed to file his amended complaint or ask for an extension of time to do so within Forty-Five (45) days from the date of the District Court's order adopting the recommendation, and it is Recommended, that if plaintiff files an amended complaint within the appropriate time, the court return the proposed amended complaint to me for initial review, and it is Recommended, that if the court adopts this recommendation, and plaintiff fails to file an amended complaint or ask for an extension of time to do so at the expiration of the forty-five (45) days, the complaint be dismissed with prejudice and the case closed, and it is Ordered, that the Clerk of the Court serve a copy of this Order and Report-Recommendation on plaintiff be regular mail. (Objections to R&R due by 5/3/2019, Case Review Deadline 5/7/2019), Motions terminated: #5 MOTION for Leave to Proceed in forma pauperis filed by Leonard Eugene Weather.Signed by US Magistrate Judge Andrew T. Baxter on 4/16/2019. (Copy served upon pro se plaintiff at Elmira Correctional Facility, P.O. Box 500, Elmira, NY 14902 via regular mail on 4/16/2019.)(hmr)
|
| Filing 7 Case transferred in from District of New York Western; Case Number 6:18-cv-06771. electronically transferred when case opened |
|
Filing 6
ORDER that this matter is transferred to the United States District Court for the Northern District of New York. Signed by Hon. Elizabeth A. Wolford on 2/11/19. (mailed a copy of this order to plaintiff Weather)(TF) [Transferred from New York Western on 4/3/2019.]
|
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Leonard Eugene Weather.(TF) [Transferred from New York Western on 4/3/2019.] |
| Filing 4 JUDGMENT administratively terminating action. Signed by Clerk of Court on 11/27/18. (mailed a copy of this judgment to plaintiff) (TF) [Transferred from New York Western on 4/3/2019.] |
|
Filing 3
ORDER denying #2 Motion for Leave to Proceed in forma pauperis. The Clerk of Court shall administratively terminate this action without filing the complaint or assessing a filing fee. If Plaintiff wishes to reopen this action, he shall so notify this Court, in writing, no later than thirty days from the date of this order. Signed by Hon. Elizabeth A. Wolford on 11/26/18. (Mailed plaintiff a copy of this order and a form motion to proceed in forma pauperis with supporting affirmation and authorization form) (TF) [Transferred from New York Western on 4/3/2019.]
|
| ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD) [Transferred from New York Western on 4/3/2019.] |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. Consent form, privacy notice and civil case timeline mailed to plaintiff. (TF) [Transferred from New York Western on 4/3/2019.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Leonard Eugene Weather.(TF) [Transferred from New York Western on 4/3/2019.] |
| Filing 1 COMPLAINT against Robert Palmieri, Anthony Picente, St. Elizabeth Medical Center, filed by Leonard Eugene Weather. (Attachments: #1 envelope)(TF) [Transferred from New York Western on 4/3/2019.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
