Holyoke v. S.S.I. et al
| Gary Arthur Holyoke |
| S.S.I., Medicare, I.R.S., Oneida County, N.Y., M.V.H.S., M.V.C.S. and Utica |
| 6:2023cv01557 |
| December 12, 2023 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Mae A D'Agostino |
| Mitchell J Katz |
| Civil Rights: Other |
| 42 U.S.C. § 1981 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 26, 2024. A more recent docket listing may be available from PACER.
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Filing 12
Mail Returned as Undeliverable. re: Notice (Other), sent to Gary Holyoke Address sent to c/o Relax Inn, 145 East Whitesboro St., Rome, NY 13440 (khr)
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Filing 11
Mail Returned as Undeliverable. re: #7 Report and Recommendations, Order, Terminate Motions, sent to Gary Holyoke Address sent to c/o Relax Inn, 145 East Whitesboro St., Rome, NY 13440 (khr)
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Filing 10
TEXT ORDER resetting objection deadline. Plaintiff has fourteen (14) days within which to file written objections to the January 2, 2024, Report-Recommendation and Order (Dkt. No. 7). Plaintiffs objections are due by Tuesday, February 13, 2024. Signed by U.S. District Judge Mae A. D'Agostino on 1/30/2024.(Copy served via regular mail upon plaintiff)(ban)
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A copy of the 10 Text Order was also mailed to pltf at the following address provided to the Clerk's Office on 1/29/2024: 13 Lennon Place, Whitesboro, NY 13492. (see)
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TEXT NOTICE: Pro Se Plaintiff advised the Clerk's Office by telephone on 1/29/2024 of a change in his address. Pro Se Plaintiff advised that his updated mailing address is as follows: 13 Lennon Place, Whitesboro, NY 13492. The clerk directed the pro se plaintiff to promptly notify the court of the change in address IN WRITING, in accordance with L.R. 10.1(c)(2). Pro Se Plaintiff is advised that until such time that a written notice of change of address is received by the court, his mailing address of record remains c/o Relax Inn, 145 East Whitesboro Street, Rome, NY 13440. [Text notice served upon pro se plaintiff via regular mail at 13 Lennon Place, Whitesboro, NY 13492, and at c/o Relax Inn 145 East Whitesboro Street, Rome, NY 13440], along with a notice of change of address form.] (hmr)
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Clerk mailed out a copy of the Dkt. No. #7 Order and Report-Recommendation to pro se plaintiff via regular mail to 13 Lennon Place, Whitesboro, NY 13492. Per phone call pro se plaintiff stated that he never received this document that was mailed to him on 1/2/2024. (hmr)
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Filing 9
Mail Returned as Undeliverable. re: 8 Order Reassigning Case, sent to Gary Arthur Holyoke Address sent to c/o Relax Inn 145 East Whitesboro Street, Rome, NY 13440 (egr)
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Filing 8
TEXT ORDER REASSIGNING CASE. Case reassigned to US Magistrate Judge Mitchell J. Katz for all further proceedings. US Magistrate Judge Andrew T. Baxter no longer assigned to case. Authorized by Chief Judge Brenda K. Sannes on 1/5/24. (lmw)(Copy served via regular mail)
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Filing 7
ORDER and REPORT-RECOMMENDATION: ORDERED, that plaintiffs motion to proceed IFP (Dkt. No. 2) be GRANTED,and it is RECOMMENDED, that the district court DISMISS plaintiffs complaint (Dkt. No. 1) as against defendants S.S.I., Medicare, I.R.S., M.V.H.S., and M.V.C.S., without prejudice but without leave to amend, and it is RECOMMENDED, that the district court DISMISS plaintiffs complaint (Dkt.No. 1) as against defendants City of Utica and Oneida County, without prejudice and with leave to amend, and it is RECOMMENDED, that if the district court adopts this Order and Report- Recommendation, plaintiff be given forty-five (45) days to amend his complaint ONLY with respect to any potential claims against the City of Utica and/or Oneida County, including identifying the underlying actors/constitutional violations giving rise to the purported municipal liability, as discussed above. If plaintiff does file a proposed amended complaint, plaintiff should be warned that any amended complaint must be a complete and separate pleading. Plaintiff must state all of his claims in the new pleading and may not incorporate by reference any part of his original complaint, and it is RECOMMENDED, that if the district court adopts this Order and Report- Recommendation, and plaintiff files a proposed amended complaint, such proposed amended complaint be returned to me for initial review, and it is RECOMMENDED, that if the district court adopts this Order and Report- Recommendation, and plaintiff does not elect to file an amended complaint within the proposed deadline, or request an extension of time to do so, the Clerk enter judgment dismissing this action without further order of the court. Signed by US Magistrate Judge Andrew T. Baxter on 1/2/2024. (Copy served via regular mail)(khr)
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Filing 6
Mail Returned as Undeliverable. re: 5 Order on Notice of Potential Related Case sent to Gary Holyoke Address sent to c/o Relax Inn, 145 East Whitesboro St., Rome, NY 13440 (khr)
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Filing 5
TEXT ORDER granting Direct Assignment. The cases 6:23-cv-1557 and 6:22-cv-316 are deemed related. Signed by U.S. District Judge Mae A. D'Agostino on 12/13/2023. (Copy served via regular mail to plaintiff)(ban)
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Filing 4
TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (khr)(Mailed copy to pro se plaintiff on 12/12/2023)
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Filing 3
PRO SE HANDBOOK and NOTICE issued and explained to Gary Arthur Holyoke at time complaint was filed o 12/12/2023. (khr)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Gary Arthur Holyoke Motions referred to Andrew T. Baxter. (khr)
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Filing 1
COMPLAINT WITH JURY DEMAND against I.R.S., M.V.C.S., M.V.H.S., Medicare, Oneida County, N.Y., S.S.I. filed by Gary Arthur Holyoke. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet)(khr)
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TEXT Notice pursuant to General Order 12 of Potential Related Case(s), submitted to District Judge for review and determination. Potential Related cases: 6:22-cv-316. (khr)
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