Smith v. Annucci et al
| Charles J. Smith |
| Jones and Anthony Annucci |
| 9:2018cv01107 |
| September 14, 2018 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 12
DECISION AND ORDER: ORDERED that Plaintiff's IFP Application (Dkt. No. #7 ) is GRANTED. ORDERED that the Clerk shall attach Exhibit B (Dkt. No. 4-1) as an exhibit to the complaint; ORDERED that if plaintiff wishes to proceed with this action, he must file an amended complaint as directed above 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 above, 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. In that event, the Clerk is directed to close this case. ORDERED that Plaintiff's motion for preliminary injunctive relief (Dkt. No. #6 ) is DENIED without prejudice to renew at some future time for the reasons stated above. Signed by Judge David N. Hurd on 11/9/18. (Order served by regular mail on Plaintiff)(rar)
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Set Deadlines/Hearings: Notice of Compliance Deadline 12/10/2018 Case Review Deadline 1/9/2019 (nas, )
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Notification to Superintendent of Filing - Provided Superintendent at Wyoming Correctional Facility with notice of instant action and a copy of Plaintiff's #8 Inmate Authorization Form. USDC/NYND Finance Dept notified. (rar)
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Filing 11
Letter Motion from Charles J. Smith requesting not to have a magistrate judge assigned to his action. (nas, )
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Filing 10
NOTICE of Change of Address by Charles J. Smith Effective Date 10/5/18 Old Address: Orleans Correctional Facility New Address: Wyoming Correctional Facility. (Updated docket report served on plaintiff by regular mail) (alh, )
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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 Judge David N. Hurd on 10/1/18. (served on plaintiff by regular mail)(alh, )
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Filing 8
INMATE AUTHORIZATION FORM by Charles J. Smith. (alh, )
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Filing 7
MOTION for Leave to Proceed in forma pauperis filed by Charles J. Smith. (alh)
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Filing 6
MOTION for Preliminary Injunction filed by Charles J. Smith. (alh, )
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Filing 5
TEXT ORDER: By Order of this Court dated September 17, 2018, this case was administratively closed due to plaintiff's failure to comply with the filing fee requirements; plaintiff was afforded thirty (30) days in which to either (1) pay the full filing fee of $400.00 or (2) submit a completed, signed, and properly certified in forma pauperis ("IFP") application and a signed Inmate Authorization Form if he wished to pursue this action. Dkt. No. 3 ("September Order"). After the September Order was issued, the Clerk received a submission from plaintiff containing an exhibit in support of his #1 Complaint, which submission likely crossed in the mail with the September Order. Plaintiff is advised that this action remains closed and the Court will not review plaintiff's submission unless and until he complies with the September Order. The Clerk is directed to serve this Text Order upon plaintiff, together with a blank in forma pauperis application, a copy of the September Order, and an updated docket report. Authorized by Judge David N. Hurd on 9/21/18. (served on plaintiff with forms/copies as directed by regular mail)(alh, )
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Filing 4
Letter enclosing exhibit in support of #1 Complaint by Charles J. Smith. (Attachments: #1 Exhibit(s))(alh, )
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Filing 3
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 9/17/18. (served on plaintiff with forms by regular mail)(alh, )
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Filing 2
MOTION for Leave to Proceed in forma pauperis and authorization filed by Charles J. Smith.(nas, )
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Filing 1
COMPLAINT against Anthony Annucci, Jones filed by Charles J. Smith. (Attachments: #1 Exhibit(s), #2 cover letter; envelope)(nas, ) (Main Document 1 replaced on 9/17/2018) (alh, ). (Additional attachment(s) added on 11/9/2018: #3 Docket No. 4-1) (nas, ).
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