Harris v. N.Y.S. Division of Parole
| Jimmy Harris |
| N.Y.S. Division of Parole |
| 9:2018cv01435 |
| December 12, 2018 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Lawrence E Kahn |
| 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 July 8, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 5
DECISION AND ORDER:ORDERED, that Plaintiffs IFP Application (Dkt. No. #2 ) is GRANTED. ORDERED, that Plaintiff's claims for damages against the New York State Division of Parole are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A(b) as barred by the Eleventh Amendment. ORDERED, that if Plaintiff wishes to proceed with this action, he must file an amended complaint as directed within thirty days from the 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 dismiss without prejudice and close this action without further order of this Court pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A(b). ORDERED, that Plaintiff's Motion for Counsel (Dkt. No. #4 ) is DENIED as moot with leave to renew. Signed by Senior Judge Lawrence E. Kahn on 1/17/19. {order served via regular mail on plaintiff}(nas, )
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| Notification to Superintendent of Filing - Provided Superintendent at Bare Hill Correcitonal Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
| Filing 4 MOTION to Appoint Counsel filed by Jimmy Harris. (nas, ) |
| Filing 3 INMATE AUTHORIZATION FORM by Jimmy Harris. (nas, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Jimmy Harris. (nas, ) |
| Filing 1 COMPLAINT against N.Y.S. Division of Parole filed by Jimmy Harris. (Attachments: #1 Civil Cover Sheet, #2 envelope)(nas, ) |
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| Defendant: N.Y.S. Division of Parole | |
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| Plaintiff: Jimmy Harris | |
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