Brinson v. Doe #1 et al
| Kevin Brinson |
| Smith Doe #4, Doe #1, Defranco Doe #3, Bain Doe #2, Christopher Miller, DeFranco, Smith, Bain, Smith Doe, Defranco Doe, Doe and Bain Doe |
| 9:2019cv00395 |
| April 3, 2019 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| David E Peebles |
| Glenn T Suddaby |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 25, 2019. A more recent docket listing may be available from PACER.
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Filing 10
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Miroslav Lovric for all further proceedings. Magistrate Judge David E. Peebles no longer assigned to case. Signed by Chief Judge Glenn T. Suddaby on 7/1/2019. (Copy served via regular mail)(jdp, )
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| Filing 9 USPS TRACKING INFORMATION re #7 Order. On May 25, 2019 it was noted by USPS "Notice Left (No Secure Location Available)." (rar, ) |
| Filing 8 USPS TRACKING INFORMATION re #5 Decision and Order. Mail successfully delivered on April 25, 2019 at 12:56 p.m. (rar, ) |
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Filing 7
DECISION AND ORDER: ORDERED that plaintiff's IFP Application (Dkt. No. #6 ) is GRANTED. ORDERED that the Clerk shall amend the docket to (i) file as part of the complaint a copy of the amended complaint (Dkt. No. 1-1) immediately following the signature page of the complaint; (ii) add "Superintendent Christopher Miller" as a defendant in place of "Doe #1"; (iii) add "Corrections Officer Bain" as a defendant in place of "Bain Doe #2"; (iv) add "Corrections Lieutenant DeFranco" in place of "Defranco Doe #3"; and (v) add "Corrections Officer Smith" in place of "Smith Doe #4". ORDERED that plaintiff's claims against the named defendants in their official capacities are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) as barred by the Eleventh Amendment. ORDERED that all remaining claims are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) for failure to state a claim upon which relief may be granted. ORDERED that plaintiff's Motion for Counsel (Dkt. No. #4 ) 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 set forth above within thirty (30) days of the filing date of this Decision and Order. ORDERED that upon the filing of an amended complaint as directed, the Clerk shall return the file to this Court for further review. ORDERED that in the event plaintiff fails to file a signed amended complaint within thirty (30) days of the filing date of this Decision and Order, the Clerk shall enter judgment dismissing this action without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) due to plaintiff's failure to state a claim upon which relief can be granted and to comply with the terms of this Decision and Order, without further order of this Court. Signed by Chief Judge Glenn T. Suddaby on 5/22/19.{order served via regular mail on plaintiff} (nas)
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| Decision and Order served on plaintiff via certified mail. (nas, ) |
| Set Deadlines/Hearings: Notice of Compliance Deadline 6/21/2019 Case Review Deadline 7/22/2019 (nas, ) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis filed by Kevin Brinson.(nas, ) |
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Filing 5
DECISION AND ORDER: ORDERED that plaintiff's IFP application (Dkt. No. #2 ) is DENIED without prejudice and with leave to renew. ORDERED that plaintiff's authorization form (Dkt. No. #3 ) is STRICKEN from the docket as unnecessary. ORDERED that should plaintiff wish to proceed with this action, he must either (i) pay the $400.00 filing fee, or (ii) submit a renewed IFP 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)(2). ORDERED that in the event plaintiff fails to timely comply with 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 4/23/19. {order and blank ifp form served via regular and certified mail on plaintiff}(nas)
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| Set Deadlines/Hearings: Notice of Compliance Deadline 5/23/2019 Case Review Deadline 6/24/2019 (nas, ) |
| Filing 4 MOTION to Appoint Counsel filed by Kevin Brinson. (rar, ) (Main Document 4 replaced on 4/4/2019) (rar, ). (Additional attachment(s) added on 4/4/2019: #1 letters to prospective attorneys) (rar, ). Modified on 4/4/2019 (rar, ). |
| Filing 3 INMATE AUTHORIZATION FORM by Kevin Brinson. (rar, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Kevin Brinson.(rar, ) |
| Filing 1 COMPLAINT against Bain Doe #2, Defranco Doe #3, Doe #1, Smith Doe #4 filed by Kevin Brinson. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Civil Cover Sheet, #4 Proposed Summons, #5 envelope) (rar) |
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