Franklin v. Chenango County Sheriff's Office et al
| Ernest F. Franklin, II |
| Chenango County Sheriff's Office, Frair and Torre |
| 9:2018cv01026 |
| August 28, 2018 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| David N Hurd |
| 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 December 19, 2018. A more recent docket listing may be available from PACER.
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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 9
DECISION AND ORDER: ORDERED that Plaintiff's letter motion (Dkt. No. #4 ) is GRANTED. ORDERED that the Clerk of the Court is directed to attach a copy of plaintiff's account statement to plaintiff's in forma pauperis application (Dkt. No. 6). ORDERED that Plaintiff's in forma pauperis application (Dkt. No. #6 ) is GRANTED. ORDERED that Plaintiff's claims against the Chenango County Sheriffs Office are DISMISSED with prejudice. ORDERED that the Clerk shall terminate Chenango County Sheriff's Office as a defendant. ORDERED that if plaintiff wishes to proceed with this action, he 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 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 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 Plaintiff's motion to appoint counsel (Dkt. No. #3 ) is DENIED without prejudice. Signed by Judge David N. Hurd on 10/12/18. ( Notice of Compliance Deadline 11/13/2018, Case Review Deadline 12/12/2018){order and copy of complaint served via regular mail on plaintiff} (nas, )
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Filing 8
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 Judge David N. Hurd on 9/5/18. {text order served via regular mail on plaintiff}(nas, )
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| 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, ) (Additional attachment(s) added on 10/12/2018: #1 account statement) (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 Judge David N. Hurd on 8/28/18. {order and blank forms served via regular mail on plaintiff}(nas, )
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| Filing 4 Letter Motion from Ernest F. Franklin, II requesting to combine cases for purposes of ifp. (nas, ) |
| Filing 3 MOTION to Appoint Counsel filed by Ernest F. Franklin, II. (nas, ) . |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Ernest F. Franklin, II. (nas, ) |
| Filing 1 COMPLAINT against Chenango County Sheriff's Office, Frair, Torre filed by Ernest F. Franklin, II. (Attachments: #1 Proposed Summons, #2 envelope)(nas, ) |
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