Robinson v. Fischer

Robinson v. Fischer

Plaintiff:	Gary Franklin Robinson
Defendant:	Brian Fischer
Case Number:	9:2013cv01545
Filed:	December 16, 2013
Court:	US District Court for the Northern District of New York
Office:	Prisoner Office
County:	Franklin
Presiding Judge:	Therese Wiley Dancks
Presiding Judge:	Glenn T. Suddaby
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
March 31, 2014	Filing 13 DECISION and ORDER: ORDERED that plaintiff's IFP Application (Dkt. No. 4 ) is GRANTED; and it is furtherORDERED that all of plaintiff's claims based upon his status as a sovereign citizen are DISMISSED with prejudice pursuant to 28 U.S. C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) for failure to state a claim upon which relief may be granted and as frivolous; and it is further ORDERED that the remainder of plaintiff's complaint is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) for failure to state a claim upon which relief may be granted; and it is further ORDERED that if plaintiff wishes to proceed with this action he must within thirty (30) days from the filing date of this Decision and Order file an amended complaint as set forth above, which must be personally signed by plaintiff; and it is further ORDERED that upon plaintiff's compliance with this Decision and Order this matter be ret urned to the Court for further review; and it is further ORDERED that if plaintiff fails to timely file an amended complaint as directed above, the Clerk shall enter judgment indicating that the remainder of this action is DISMISSED without preju dice without further order of this Court pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) for failure to state a claim upon which relief may be granted. In that event, the Clerk is directed to close this case; and it is furt her ORDERED that plaintiff's motion for preliminary injunctive relief (Dkt. No. 9 ) is DENIED; and it is further ORDERED that the Clerk serve a copy of this Decision and Order on plaintiff. Signed by Judge Glenn T. Suddaby on 3/31/2014. (ptm) (Copy served on plaintiff by regular mail)

Date Filed

Document Text

March 31, 2014

Filing 13 DECISION and ORDER: ORDERED that plaintiff's IFP Application (Dkt. No. 4 ) is GRANTED; and it is furtherORDERED that all of plaintiff's claims based upon his status as a sovereign citizen are DISMISSED with prejudice pursuant to 28 U.S. C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) for failure to state a claim upon which relief may be granted and as frivolous; and it is further ORDERED that the remainder of plaintiff's complaint is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) for failure to state a claim upon which relief may be granted; and it is further ORDERED that if plaintiff wishes to proceed with this action he must within thirty (30) days from the filing date of this Decision and Order file an amended complaint as set forth above, which must be personally signed by plaintiff; and it is further ORDERED that upon plaintiff's compliance with this Decision and Order this matter be ret urned to the Court for further review; and it is further ORDERED that if plaintiff fails to timely file an amended complaint as directed above, the Clerk shall enter judgment indicating that the remainder of this action is DISMISSED without preju dice without further order of this Court pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) for failure to state a claim upon which relief may be granted. In that event, the Clerk is directed to close this case; and it is furt her ORDERED that plaintiff's motion for preliminary injunctive relief (Dkt. No. 9 ) is DENIED; and it is further ORDERED that the Clerk serve a copy of this Decision and Order on plaintiff. Signed by Judge Glenn T. Suddaby on 3/31/2014. (ptm) (Copy served on plaintiff by regular mail)

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Plaintiff: Gary Franklin Robinson
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Defendant: Brian Fischer
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