Franklin v. Chenango County Sheriff's Office et al
| Ernest F. Franklin, II |
| C.O. Matthews, Ernest Cutting, Town of Norwich, LT. Chris Miles, Sr., C.O. Reese, Chenango County Sheriff's Office, C.O. Rifanberg, C.O. Cole, Chenango County and Commissioner of Corrections |
| 9:2018cv00896 |
| August 1, 2018 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Chenango |
| Andrew T Baxter |
| Lawrence E Kahn |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on November 26, 2018. A more recent docket listing may be available from PACER.
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Filing 11
MEMORANDUM-DECISION AND ORDER: ORDERED, that Plaintiff's IFP Application (Dkt. No. #6 ) is GRANTED. ORDERED, that Plaintiff's claims against the Chenango County Sheriff's Office are DISMISSED with prejudice. ORDERED, that the Clerk terminate Chenango County Sheriff's Office as a defendant and add Chenango County and the Commissioner of Corrections as defendants. ORDERED, that if Plaintiff wishes to proceed with this action, he must file an amended complaint as directed within thirty days from the filing date of this Memorandum-Decision and Order. ORDERED, that if Plaintiff timely files an amended complaint, this matter be returned to the Court for further review. ORDERED, that if Plaintiff fails to timely file an amended complaint as directed, the Clerk shall enter judgment indicating that this action is DISMISSED without prejudice without further order of this Court pursuant to 28 U.S.C. 1915(e)(2)(B) and 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. ORDERED, that Plaintiff's Motion for Counsel (Dkt. No. #3 ) is DENIED as moot without prejudice to renew. ORDERED, that Plaintiff's Motion for Preliminary Injunction (Dkt. No. #4 ) is DENIED as moot without prejudice to renew. Signed by Senior Judge Lawrence E. Kahn on 9/11/18. {order served via regular mail on plaintiff}(nas, )
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| Notification to Superintendent of Filing - Provided Sheriff at Chenango County Jail with notice of instant action and a copy of Plaintiff's #7 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
| Filing 10 Letter from Franklin. Updated copy of docket sheet provided. (nas, ) |
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Filing 9
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 Lawrence E. Kahn on 8/13/18. {text order served via regular mail on plaintiff}(nas, )
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| Filing 8 Letter Motion from Ernest F. Franklin, II requesting to combine all lawsuits for purposes of ifp. (nas, ) |
| Filing 7 INMATE AUTHORIZATION FORM by Ernest F. Franklin, II. (nas, ) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis filed by Ernest F. Franklin, II.(nas, ) (Main Document 6 replaced on 8/13/2018) (nas, ). |
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Filing 5
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 Lawrence E. Kahn on 8/2/18. (served on plaintiff with forms by regular mail)(alh, )
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| Filing 4 MOTION for Preliminary Injunction filed by Ernest F. Franklin, II. (alh, ) |
| Filing 3 MOTION to Appoint Counsel filed by Ernest F. Franklin, II.(alh, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Ernest F. Franklin, II. (clerk notes submission redacted due to personal identifiers)(alh, ) (Main Document 2 replaced on 8/6/2018) (alh, ). |
| Filing 1 COMPLAINT against Chenango County Sheriff's Office, C.O. Cole, Ernest Cutting, C.O. Matthews, Chris Miles, Sr, C.O. Reese, C.O. Rifanberg, Town of Norwich filed by Ernest F. Franklin, II. (Attachments: #1 Proposed Summons, Envelope)(alh, ) |
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