Walker v. Cuomo et al
| Carlton Walker |
| Andrew M. Cuomo, Janet M. DeFiore, Jenny Rivera, Leslie E. Stein, Eugene M. Fahey, Michael J. Garcia and Rowan Wilson |
| 9:2017cv00650 |
| June 16, 2017 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Franklin |
| Thomas J. McAvoy |
| Daniel J. Stewart |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
50
DECISION AND ORDER. ORDERED that plaintiff's motion requesting that I recuse myself and that this action be assigned to a different judicial officer (Dkt. No. 44 ) is DENIED. Signed by Senior Judge Thomas J. McAvoy on 12/6/2018. (Order served on plaintiff via regular mail). (rar, )
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Filing
46
DECISION AND ORDER: ORDERED that plaintiff's motions for reconsideration (Dkt. Nos. 41 , 42 ) are DENIED based on law of the case. ORDERED that, having also construed plaintiff's motions for reconsideration as a renewed IFP applicatio n, the application is DENIED pursuant to 28 U.S.C. § 1915(g) because plaintiff acquired three strikes prior to commencement of this action and his second amended complaint contains no allegations that render the imminent danger exception applic able. ORDERED that this action shall be DISMISSED unless, within 30 days of the date of this Decision and Order, plaintiff pays the Court's filing fee of $400.00 in full; and it is further ORDERED that, upon plaintiff's compliance wi th this Decision and Order the Clerk of the Court shall return the file to this Court for review of the second amended complaint in accordance with 28 U.S.C. § 1915A(b). ORDERED that, if plaintiff fails to timely comply with this Decision an d Order, the Clerk of the Court is directed to enter judgment dismissing this action, without prejudice, without further order of this Court. ORDERED plaintiff's motion for injunctive relief (Dkt. No. 38 ) is DENIED without prejudice. In t he event plaintiff pays the full filing fee in accordance with this Decision and Order, the merits of the motion will be considered upon the file being returned to the Court from the Clerk.Signed by Senior Judge Thomas J. McAvoy on 11/20/18.( Notice of Compliance Deadline 12/20/2018, Case Review Deadline 1/22/2019){order served via regular mail on plaintiff}(nas, )
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Filing
8
DECISION AND ORDER: ORDERED that plaintiff's motion for reconsideration of the July Order (Dkt. No. 5 ) is DENIED. ORDERED that plaintiff is afforded a final opportunity to pay the filing fee of four hundred dollars ($400.00) in full if he wishes to avoid dismissal of this action. ORDERED that upon plaintiffs compliance with this Decision and Order, the Clerk shall return the file to this Court for review of the complaint in accordance with 28 U.S.C. § 1915A. ORDERED tha t if plaintiff fails to pay the filing fee in full within thirty (30) days of the filing date of this Decision and Order, the Clerk is directed to enter judgment dismissing this action, without prejudice, without further order of this Court. Signed by Senior Judge Thomas J. McAvoy on 8/11/17. (served on plaintiff by regular mail) (alh, )
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