Lewis v. Franklin County, NY et al
| Scott Phillip Lewis |
| Franklin County, NY, Town of Malone and Village of Malone |
| 8:2023cv01647 |
| December 28, 2023 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| David N Hurd |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 8, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 MOTION for Reconsideration re 8 Order on Letter Request filed by Scott Phillip Lewis. Response to Motion due by 3/1/2024 (Attachments: #1 Affidavit in Support of Motion, #2 Memorandum of Law) (khr)(Filed via MFT on 2/8/2024) |
Filing 8
TEXT ORDER denying #6 Letter Motion for Scott Phillip Lewis requesting summonses to be issued : Plaintiff filed a letter request on January 23, 2024, asking the Court to proceed with the issuance of summonses on the defendants. Dkt. No. 6. Plaintiff contends that the pending Motion for Leave in Forma Pauperis in this matter does not impact the issuance of a summons and contends that the Court must issue summonses pursuant to Rule 4 of the Federal Rules of Civil Procedure. Id. Plaintiffs case was administratively reopened on January 2, 2024, following plaintiffs submission of an in forma pauperis application. See Dkt. No. 4. Plaintiffs complaint and in forma pauperis application is currently pending before the Court for review pursuant to 28 U.S.C. section 1915. As Northern District of New York Local Rule 5.1.4 provides, Prior to the Marshal serving process pursuant to 28 U.S.C. 1915(d) and L.R. 5.1(e), the Court shall review all actions filed pursuant to 28 U.S.C. 1915(g) to determine whether sua sponte dismissal is appropriate. Although the language of 29 U.S.C. 1915 suggests an intent to limit availability of in forma pauperis status to inmates, see 28 U.S.C. 1915(a)(1) (authorizing the commencement of an action without prepayment of fees by a person who submits an affidavit that includes a statement of all assets such prisoner possesses), courts have construed 28 U.S.C. 1915(a)(1) as making in forma pauperis status available to any litigant who can meet the governing financial criteria. See, e.g., Fridman v. City of N.Y., 195 F. Supp. 2d 534, 536 n.1 (S.D.N.Y. 2002). Accordingly, a financial assessment must be performed for all plaintiffs seeking to proceed in forma pauperis. If, after performing the in forma pauperis review, the Court has determined the plaintiff to be financially qualified, the Court must then perform an initial review of the complaint pursuant to section 1915 in order to determine whether the complaint (1) is frivolous or malicious; (2) fails to state a claim on which relief may be granted; or (3) seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. 1915(e)(2)(B). This initial review of the complaint is required for any plaintiff who seeks to proceed in forma pauperis, regardless of their incarceration status. Thus, summonses are not issued in any case where a review of an in forma pauperis application is pending and would be issued only if, after performing initial review of the complaint pursuant to section 1915, the Court determines that the complaint may proceed. Accordingly, insofar as plaintiff seeks the Court to issue summonses on defendant prior to its review of plaintiffs in forma pauperis application and before it determines whether the complaint may proceed under section 1915, that request (Dkt. No. 6) is DENIED. Plaintiffs complaint and in forma pauperis application is before the Court for review and will be determined in due course and in the order that it was received. Authorized by Magistrate Judge Christian F. Hummel on 1/25/2024. (Copy served via regular mail on 1/25/2024)(tab)
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| Filing 7 SUBSEQUENT PROPOSED SUMMONSES (Proposed Summons as to Franklin County) by Scott Phillip Lewis re #6 Letter Motion for Scott Phillip Lewis requesting summonses to be issued (Attachments: #1 Proposed Summons as to the Town of Malone, #2 Summons as to Village of Malone)(khr)(Filed via MFT on 1/23/2024) |
| Filing 6 Letter Request/Motion from Scott Phillip Lewis requesting summonses to be issued. (khr)(Filed via MFT 1/23/2024) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #3 Motion for Leave to Proceed in forma pauperis, filed by Scott Phillip Lewis. Additional attachments were added on 1/19/2024: Proposed USMS Forms for Village of Malone, Town of Malone, and Franklin County, New York that were Filed via MFT on 1/18/2024. (egr) |
| Filing 5 PRO SE NOTICE signed by Scott Phillip Lewis {filed via MFT} (Attachments: #1 Cover Letter) (egr) |
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Filing 4
TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, and plaintiff was directed to respond to the Order if s/he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Signed by Judge David N. Hurd on 1/2/2024. (Copy served via regular mail)(khr)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis filed by Scott Phillip Lewis Motions referred to Christian F. Hummel. (khr) Filed via MFT on 12/29/2023 Modified on 1/2/2024 (khr). (Additional attachment(s) added on 1/19/2024: #1 Proposed USMS Form as to Village of Malone, #2 Proposed USMS Form as to Town of Malone, #3 Proposed USMS Form as to Franklin County, New York) (egr, ). |
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Filing 2
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. Signed by Judge David N. Hurd on 12/28/2023. (Copy served via regular mail, along with blank IFP Form and Pro Se Notice. Pro Se handbook and local rules mailed earlier from filing of case 8:23-cv-01636(mmg).
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| Filing 1 COMPLAINT against Franklin County, NY, Town of Malone, Village of Malone filed by Scott Phillip Lewis. (Attachments: #1 Proposed Summons as to Franklin County, NY, #2 Proposed Summons as to Village of Malone, #3 Proposed Summons as to Town of Malone, #4 Civil Cover Sheet)[filed via MFT on 12/28/2023] Modified on 12/28/2023 (mmg). |
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