Cole v. The People of the State et al
Demitrius Cole |
Marcy Correctional Facility, John Doe Slasher, Superintendent Oneida County where claim arose and The People of the State |
9:2018cv01296 |
November 6, 2018 |
US District Court for the Northern District of New York |
Christian F Hummel |
Glenn T Suddaby |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
Plaintiff |
Docket Report
This docket was last retrieved on February 4, 2019. A more recent docket listing may be available from PACER.
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Filing 12 USPS Tracking Information for service of Dkt. No. 11 on Cole. (nas, ) |
Filing 11 DECISION AND ORDER. ORDERED that plaintiff's in forma pauperis application (Dkt. No. #6 ) is DENIED without prejudice and with leave to renew. Should plaintiff wish to proceed with this action, he must either pay the $400 filing fee or submit a renewed in forma pauperis application detailing his current post-release financial condition within thirty (30) days from the date of the filing of this Decision and Order. ORDERED that, upon plaintiff's compliance with this Decision and Order, the Clerk shall return the file to the Court for further consideration and, if appropriate, review of the complaint in accordance with 28 U.S.C. 1915(e). ORDERED that, in the event plaintiff fails to timely comply with the filing fee requirements as set forth in this Decision and Order, this action will be DISMISSED without prejudice without further Order of this Court. Signed by Chief Judge Glenn T. Suddaby on 11/27/2018. (Order and blank IFP form served on Plaintiff via certified mail and regular mail) (rar, ) |
Set Deadlines/Hearings: Notice of Compliance Deadline 12/27/2018 Case Review Deadline 1/28/2019 (rar, ) |
Filing 10 Case transferred in from District of New York Western; Case Number 6:18-cv-06467. electronically transferred when case opened |
Filing 9 TRANSFER ORDER signed by Hon. Frank P. Geraci, Jr. on 10/17/2018. This action will be transferred to the Northern District of New York. The pending IFP motion will be left to the Northern District to resolve. (BK) [Transferred from New York Western on 11/6/2018.] |
Filing 8 Letter from Demitrius Cole updating his address from Wyoming Correctional to 176 Gooding Street, Lockport, NY 14094. (BK) [Transferred from New York Western on 11/6/2018.] |
Filing 6 MOTION for Leave to Proceed in forma pauperis by Demitrius Cole. (JHF) [Transferred from New York Western on 11/6/2018.] |
Filing 5 JUDGMENT in favor of Marcy Correctional Facility, Superintendent Oneida County where claim arose, The People of the State, John Doe Slasher against Demitrius Cole. Signed by Mary C. Loewenguth, Clerk of Court, on 7/10/2018. (Copy mailed to plaintiff.) (LB) [Transferred from New York Western on 11/6/2018.] |
Filing 4 ORDER denying #2 Motion for Leave to Proceed in forma pauperis. The Clerk of Court will administratively terminate this action without filing the complaint or assessing a filing fee, and will send Plaintiff an in forma pauperis motion form with supporting affirmation. If Plaintiff wishes to reopen this action, he must notify the Court in writing within 30 days of the date of this Order by submitting (1) a properly supported in forma pauperis motion with the requisite trust fund account certification, or (2) the $350.00 filing fee and the $50.00 administrative fee ($400.00 total). If Plaintiff submits a proper in forma pauperis motion or the filing fees, the Clerk of Court will reopen this case. Signed by Hon. Frank P. Geraci, Jr. on 7/3/2018. (Copy mailed to plaintiff with form on 7/10/2018.) (LB) [Transferred from New York Western on 11/6/2018.] |
Filing 3 AFFIRMATION of Service filed by Demitrius Cole. (BK) [Transferred from New York Western on 11/6/2018.] |
Filing 2 MOTION for Leave to Proceed in forma pauperis by Demitrius Cole. (BK) [Transferred from New York Western on 11/6/2018.] |
Filing 1 COMPLAINT against All Defendants, filed by Demitrius Cole. (Attachments: #1 Envelope) (BK) [Transferred from New York Western on 11/6/2018.] |
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. The Pro Se Packet including: the Privacy Notice, Consent to Proceed before a Magistrate Judge and the Civil Case Timeline have been mailed to the Plaintiff. (BK) [Transferred from New York Western on 11/6/2018.] |
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