Demuth et al v. Chenango County Sheriff's Office et al
| Michael A. Demuth, Eric Nelson and Ernest F. Franklin, II |
| Ernest Cutting, LT. Chris Miles, Sr., Frair and Chenango County Sheriff's Office |
| 9:2018cv01010 |
| August 23, 2018 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| David N Hurd |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
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Filing 18
DECISION AND ORDER: ORDERED that the Clerk of the Court is directed to attach a copy of Franklin's account statement to his in forma pauperis application (Dkt. No. #11 ). ORDERED that Franklin's in forma pauperis application (Dkt. No. #11 ) is GRANTED. ORDERED that the Clerk is directed to attach a copy of the Rule 11 Affidavit filed by Franklin (Dkt. No. #13 ) to the Complaint. ORDERED that the Clerk of the Court is directed to attach a copy of Nelson's account statement to his in forma pauperis application (Dkt. No. #14 ). ORDERED that Nelson's in forma pauperis application (Dkt. No. #14 ) is GRANTED. ORDERED that Nelson's prior in forma application (Dkt. No. #8 ) is DENIED as moot. ORDERED that the Clerk is directed to attach a copy of the Rule 11 Affidavit filed by Nelson (Dkt. No. #16 ) to the Complaint. ORDERED that Plaintiffs' claims against the Chenango County Sheriff's Office are DISMISSED with prejudice. ORDERED that the Clerk is directed to terminate Chenango County Sheriff's Office as a defendant. ORDERED that if plaintiffs wish to proceed with this action, they must file an Amended Complaint as set forth above within thirty (30) days from the date of the filing of this Decision and Order. ORDERED that if plaintiffs timely file an Amended Complaint, this matter be returned to the Court for further review. ORDERED that if plaintiffs fail to timely file an Amended Complaint as directed above, the Clerk shall enter judgment indicating that the remainder of this action is DISMISSED without prejudice without further order of this Court pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b)(1) for failure to state a claim upon which relief may be granted and for failure to comply with this Decision and Order. In that event, the Clerk is directed to close this case. ORDERED that Plaintiffs' motion to appoint counsel (Dkt. No. #4 ) is DENIED without prejudice. Signed by Judge David N. Hurd on 10/12/18. {order and copy of complaint served via regular mail on plaintiffs}(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 Franklin's #12 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
| Notification to Superintendent of Filing - Provided Sheriff at Chenango County Jail with notice of instant action and a copy of Plaintiff Nelson's #15 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
| Filing 17 Letter from Eric Nelson in further support of IFP application. (alh, ). |
| Filing 16 RULE 11 AFFIDAVIT by Eric Nelson. (alh, ) |
| Filing 15 INMATE AUTHORIZATION FORM by Eric Nelson. (alh, ) |
| Filing 14 MOTION for Leave to Proceed in forma pauperis filed by Eric Nelson.(redacted due to personal identifiers)(alh, ) (Additional attachment(s) added on 10/12/2018: #1 account statement) (nas, ). |
| Filing 13 RULE 11 AFFIDAVIT by Ernest F. Franklin, II. (redacted due to personal identifiers) (alh, ) |
| Filing 12 INMATE AUTHORIZATION FORM by Ernest F. Franklin, II. (alh, ) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis filed by Ernest F. Franklin, II.(redacted due to personal identifiers) (alh, ) (Additional attachment(s) added on 10/12/2018: #1 account statement) (nas, ). |
| Filing 10 Rule 11 AFFIDAVIT re #1 Complaint by Eric Nelson. (alh, ) |
| Filing 9 INMATE AUTHORIZATION FORM by Eric Nelson. (alh, ) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis filed by Eric Nelson.(alh, ) |
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Filing 7
AMENDED DECISION AND ORDER: ORDERED that Demuth's IFP Application (Dkt. No. #2 ) is GRANTED. ORDERED that Franklin and Nelson must each, within thirty (30) days from the date of the filing of this Decision and Order (1) either (a) pay the Court's filing fee of four hundred dollars ($400.00) in full or (b) submit a signed inmate authorization form reflecting his consent to pay the $350.00 filing fee over time, in installments, and (2) execute and file an affidavit pursuant to Federal Rule of Civil Procedure 11. ORDERED that if, within the time period specified above, Franklin or Nelson fails to comply with the terms of this Decision and Order delineated above, Franklin or Nelson will be dismissed from this action without prejudice without further Order of this Court. ORDERED that Demuth's letter motion (Dkt. No. #5 ) is DENIED. Notice of Compliance Deadline 10/1/2018 Case Review Deadline 10/31/2018. Signed by Judge David N. Hurd on 8/30/18. (served as directed) (alh, )
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| Set Deadlines: Notice of Compliance Deadline 9/28/2018 Case Review Deadline 10/29/2018 (alh, ) |
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Filing 6
DECISION AND ORDER: ORDERED that 1. Demuth's IFP Application (Dkt. No. #2 ) is GRANTED; 2. The Clerk shall provide the Superintendent of the facility that Demuth has designated as his current location with a copy of his inmate authorization form (Dkt. No. 3) and notify that official that Demuth has filed this action and is required to pay to the Northern District of New York the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. 1915; 3. The Clerk shall also provide a copy of inmate authorization form for Demuth (Dkt.No. 3) to the Financial Deputy of the Clerk's Office; 4. Franklin and Nelson must each, within thirty (30) days from the date of the filing of this Decision and Order (1) either (a) pay the Court's filing fee of three hundred fifty dollars ($350.00) in full or (b) submit a signed inmate authorization form reflecting his consent to pay the $350.00 filing fee over time, in installments, and (2) execute and file an affidavit pursuant to Federal Rule of Civil Procedure 11; 5. If, within the time period specified above, Franklin or Nelson fails to comply with the terms of this Decision and Order delineated above, Franklin or Nelson will be dismissed from this action without prejudice without further Order of this Court; 6. The Clerk shall serve a copy of this Decision and Order on each plaintiff at his address of record; and 7. The Clerk shall also serve a Rule 11 affidavit, IFP Application, and Inmate Authorization Form on Franklin and Nelson. Signed by Judge David N. Hurd on 8/28/18. (served with form(s) as directed)(alh, )
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| Filing 5 Letter Motion from Michael A. Demuth dated 8/24/18 requesting to withdraw Eric Nelson as a plaintiff in this action.(alh, ) |
| Notification to Superintendent of Filing - Provided Sheriff at Chenango County Jail with notice of instant action and a copy of Plaintiff Demuth's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (alh, ) |
| Filing 4 MOTION to Appoint Counsel filed by Michael A. Demuth.(alh, ) |
| Filing 3 INMATE AUTHORIZATION FORM by Michael A. Demuth. (alh, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Michael A. Demuth.(alh, ) |
| Filing 1 COMPLAINT against Chenango County Sheriff's Office, Ernest Cutting, Frair, Chris Miles, Sr. filed by Michael A. Demuth. (Attachments: #1 Proposed Summons, #2 Envelope)(alh, ) (Additional attachment(s) added on 10/12/2018: #3 Nelson's Rule 11 Affidavit, #4 Franklin's Rule 11 Affidavit) (nas, ). |
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