Franklin v. Chenango County Sheriff's Office et al
| Ernest F. Franklin, II |
| Chenango County Sheriff's Office, Officer Cowley and Chenango County |
| 9:2018cv01011 |
| August 23, 2018 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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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 #6 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
| Filing 8 DECISION AND ORDER: ORDERED that plaintiff's IFP Application (Dkt. No. #5 ) is GRANTED. ORDERED that plaintiff's claims against Chenango County Sheriff's Office are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted. ORDERED that the Clerk terminate the Chenango County Sheriff's Office as a defendant and add Chenango County as a defendant. ORDERED that plaintiff's Motion for Counsel (Dkt. No. #3 ) is DENIED as moot with leave to renew in the event plaintiff files an amended complaint. ORDERED that if plaintiff wishes to proceed with this action, he must file an amended complaint as directed within thirty (30) days from filing date of this 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 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted. Signed by U.S. District Judge Mae A. D'Agostino on 10/5/18. {order served via regular mail on plaintiff}(nas, ) |
| 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 U.S. District Judge Mae A. D'Agostino on 9/5/18. (served on plaintiff by regular mail)(alh, ) |
| Filing 6 INMATE AUTHORIZATION FORM by Ernest F. Franklin, II. (alh, ) |
| Filing 5 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 10/2/2018: #1 account ledger) (nas, ). |
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 U.S. District Judge Mae A. D'Agostino on 8/24/18. (served on plaintiff with forms by regular mail)(alh, )
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| 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 redacted due to personal identifiers)(alh, ) |
| Filing 1 COMPLAINT against Chenango County Sheriff's Office, Officer Cowley filed by Ernest F. Franklin, II. (Attachments: #1 Proposed Summons, #2 Envelope)(alh, ) |
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