Demuth v. Chenango County Sheriff's Office et al
Plaintiff: Michael A. Demuth
Defendant: Ernest Cutting, Town of Norwich, LT. Chris Miles, Sr., C.O. Reese and Chenango County Sheriff's Office
Case Number: 9:2018cv00895
Filed: August 1, 2018
Court: US District Court for the Northern District of New York
Office: Prisoner Office
County: Chenango
Presiding Judge: Therese Wiley Dancks
Referring Judge: Gary L Sharpe
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 11, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 25, 2018 Filing 11 Summons Issued as to Ernest Cutting, Chris Miles, Sr, C.O. Reese. {copy of summons; order and complaint served on the Office of Chenango County Attorney}(nas, )
September 24, 2018 Opinion or Order Filing 10 DECISION AND ORDER: ORDERED that plaintiff's IFP Application (Dkt. No. #5 ) is GRANTED. ORDERED that plaintiff's Counsel Motion (Dkt. No. #3 ) is DENIED without prejudice ORDERED that plaintiff's claims asserted against Chenango County Sheriff's Office are DISMISSED with prejudice and the Clerk is directed to TERMINATE that defendant from the docket. ORDERED that plaintiff's claims asserted against the Town of Norwich are DISMISSED without prejudice to plaintiff's right to amend his complaint within thirty days of the filing date of this Decision and Order to include allegations that plausibly suggest a cognizable cause of action against that defendant. ORDERED that plaintiff's complaint (Dkt. No. 1) SURVIVES initial review and is accepted for filing to the extent it asserts a First Amendment retaliation claim against Reese, Cutting, and Miles. ORDERED that the Clerk shall issue a summons and forward it to the U.S. Marshal for service of process on Reese, Cutting, and Miles. The Clerk shall forward a copy of the summons and complaint by mail to the Chenango County Attorney, together with a copy of this Decision and Order. Signed by Senior Judge Gary L. Sharpe on 9/24/18.{order served via regular mail on plaintiff} (nas, )
September 24, 2018 Notification to Superintendent of Filing - Provided Sheriff at Chenango County Jail with notice of instant action and a copy of Plaintiff's #6 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, )
August 22, 2018 Filing 9 Letter from Michael A. Demuth requesting status. Updated copy of docket sheet provided. (nas, ).
August 13, 2018 Filing 8 Prisoner Trust Fund Account Statement by Michael A. Demuth. (Attachments: #1 Cover Letter, #2 Envelope)(alh, )
August 8, 2018 Opinion or Order Filing 7 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. Authorized by Senior Judge Gary L. Sharpe on 8/8/18. {text order served via regular mail on plaintiff}(nas, )
August 8, 2018 Filing 6 INMATE AUTHORIZATION FORM by Michael A. Demuth (nas, )
August 8, 2018 Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Michael A. Demuth. (Attachments: #1 envelope) (nas, )
August 1, 2018 Opinion or Order Filing 4 ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that plaintiff's IFP Application is DENIED as incomplete. ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that if plaintiff desires to pursue this action, he must so notify the Court WITHIN THIRTY (30) DAYS of the filing date of this Order and either (1) pay the full $400.00 filing fee for civil actions or (2) submit a completed and signed IFP Application that has been certified by an appropriate official at his facility and a signed Inmate Authorization Form. Signed by Senior Judge Gary L. Sharpe on 8/1/18. (served on plaintiff with forms by regular mail)(alh, )
August 1, 2018 Filing 3 MOTION to Appoint Counsel filed by Michael A. Demuth. (alh, ) Modified on 8/8/2018 (nas, ).
August 1, 2018 Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Michael A. Demuth.(alh, ) (Main Document 2 replaced on 8/6/2018) (alh, ).
August 1, 2018 Filing 1 COMPLAINT against Chenango County Sheriff's Office, Ernest Cutting, Chris Miles, Sr, C.O. Reese, Town of Norwich filed by Michael A. Demuth. (Attachments: #1 Proposed Summons)(alh, )

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Plaintiff: Michael A. Demuth
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Defendant: Ernest Cutting
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Defendant: Town of Norwich
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Defendant: LT. Chris Miles, Sr.
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Defendant: C.O. Reese
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Defendant: Chenango County Sheriff's Office
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