Brooks v. Williams et al
| Stephen Brooks |
| Justice William E. McCarthy, Janet DiFiore, Michael C. Lynch, Hon. Stan L. Pritzker, Donald Williams, Christine M. Clark and Eugene P. Devine |
| 9:2018cv00997 |
| August 21, 2018 |
| US District Court for the Northern District of New York |
| David E Peebles |
| Gary L Sharpe |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 8 AMENDED COMPLAINT filed by Stephen Brooks.(nas, ) |
Filing 7
DECISION AND ORDER: ORDERED that pursuant to the Court's review under 28 U.S.C. 1915A, Plaintiff's claims are DISMISSED without prejudice for failure to comply with the pleading standards and state a claim. ORDERED that, if Plaintiff wishes to proceed with this action, he must file a signed amended complaint that cures the pleading defects identified above in this Decision and Order. ORDERED that, upon Plaintiff's full compliance with this Decision and Order, the Clerk, shall return the file to this Court further review. ORDERED that, if Plaintiff fails to fully comply with the terms of this Decision and Order within thirty (30) days from its filing date, the Clerk shall enter Judgment indicating that this action is DISMISSED, without further order of this Court, pursuant to 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted. Signed by Senior Judge Gary L. Sharpe on 9/28/18. ( Notice of Compliance Deadline 10/29/2018, Case Review Deadline 11/29/2018) (served on plaintiff by regular mail)(alh, )
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| Filing 6 Case transferred in from District of New York Southern; Case Number 1:18-cv-06438. electronically transferred when case opened |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York (mro) [Transferred from New York Southern on 8/21/2018.] |
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Filing 5
TRANSFER ORDER: The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Northern District of New York. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes this case. The Court certifies, pursuant to 28 U.S.C 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Louis L. Stanton on 8/14/2018) (mro) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 8/21/2018.]
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| NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Unassigned is no longer assigned to the case. (mro) [Transferred from New York Southern on 8/21/2018.] |
| Mailed a copy of #5 Order, to Stephen Brooks DIN No. 14-A-4855 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582. (aea) [Transferred from New York Southern on 8/21/2018.] |
| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Stephen Brooks DIN No. 14-A-4855 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582 ; Superintendent Green Haven Correctional Facility 594 New York Rte 216, Stormville, NY 12582. (aea) [Transferred from New York Southern on 8/21/2018.] |
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Filing 4
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: Plaintiff's application for leave to proceed without prepayment of fees is granted. A prisoner bringing a civil action is required to pay the full $350 filing fee even when proceeding in forma pauperis (IFP), that is, without prepayment of fees.... The Court must collect, when funds exist in a prisoner's account, an initial partial filing fee plus monthly payments. The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. The Clerk of Court is also directed to send a copy of this order to Plaintiff and note service on the docket. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Colleen McMahon on 8/7/2018) (sac) [Transferred from New York Southern on 8/21/2018.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #4 Order Granting IFP Application in Prisoner Case, to the Docket Assistant Clerk for case processing. (sac) [Transferred from New York Southern on 8/21/2018.] |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Stephen Brooks.(sac) [Transferred from New York Southern on 8/21/2018.] |
| Filing 2 COMPLAINT against Christine M. Clark, Eugene P. Devine, Janet DiFiore, Michael C. Lynch, William E. McCarthy, Stan L. Pritzker, Donald Williams. Document filed by Stephen Brooks. (sac) [Transferred from New York Southern on 8/21/2018.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Stephen Brooks.(sac) [Transferred from New York Southern on 8/21/2018.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 8/21/2018.] |
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