Caldwell v. Kusminisky et al
| David Caldwell |
| Correctional Officer Kusminisky, New York Correctional Facility and Kusminsky |
| 9:2019cv00673 |
| June 6, 2019 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Thomas J McAvoy |
| 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 March 31, 2022. A more recent docket listing may be available from PACER.
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Filing 9
Summons Issued as to Kusminsky. {copy of summons; order and complaint served on the Office of the Attorney General}(nas, )
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Provided Superintendent of Coxsackie Correctional Facility with notice of the instant action and a copy of the inmate authorization form - copies of same provided to Financial Deputy. (nas, )
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Filing 8
DECISION AND ORDER: ORDERED THAT #6 Motion for Leave to Proceed in forma pauperis. ORDERED that the Clerk shall issue a summons and forward it, along with a copy of the complaint, to the United States Marshal for service upon defendant Kusminsky. The Clerk shall forward a copy of the summons and complaint by mail to the Office of the New York State Attorney General, together with a copy of this Decision and Order. Signed by Senior Judge Thomas J. McAvoy on 7/2/19. {order served via regular mail on plaintiff}(nas)
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Filing 7
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 Senior Judge Thomas J. McAvoy on 6/21/19. {text order served via regular mail on plaintiff}(nas, )
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Filing 6
MOTION for Leave to Proceed in forma pauperis filed by David Caldwell. (nas, )
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Filing 5
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: 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. Signed by Senior Judge Thomas J. McAvoy on 6/6/19. {order and blank ifp form served via regular mail on plaintiff}(nas, )
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Filing 4
Case transferred in from District of New York Southern; Case Number 1:19-cv-04855. electronically transferred when case opened
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Mailed a copy of #3 Order, to David Caldwell 16-D-0010 Coxsackie Correctional Facility P.O. Box 999 Coxsackie, NY 12051-0999. (vba) [Transferred from New York Southern on 6/6/2019.]
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CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York. (rjm) [Transferred from New York Southern on 6/6/2019.]
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Filing 3
TRANSFER ORDER. The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Northern District of New York. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes this case. The Court certifies, pursuant to 28 U.S.C 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Colleen McMahon on 5/30/2019) (rjm) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 6/6/2019.]
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (rjm) [Transferred from New York Southern on 6/6/2019.]
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Filing 2
PRISONER AUTHORIZATION. Document filed by David Caldwell.(rdz) [Transferred from New York Southern on 6/6/2019.]
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Filing 1
COMPLAINT against Kusminisky, New York Correctional Facility. Document filed by David Caldwell.(rdz) Modified on 5/24/2019 (rdz). [Transferred from New York Southern on 6/6/2019.]
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Case Designated ECF. (rdz) [Transferred from New York Southern on 6/6/2019.]
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