Flowers v. Annucci et al
| Joe N. Flowers |
| Thomms, Anthony Annucci, John/Jane Doe and Laurine Jones |
| 9:2019cv00925 |
| July 30, 2019 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| David N Hurd |
| 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 October 30, 2019. A more recent docket listing may be available from PACER.
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Filing 8
DECISION AND ORDER: ORDERED that Plaintiff's IFP Application (Dkt. No. #5 ) is GRANTED. ORDERED that Plaintiff's claims against the named defendants in their official capacity are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) as barred by the Eleventh Amendment. ORDERED that the remaining claims are DISMISSED without prejudice 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. ORDERED that if plaintiff wishes to proceed with this action, he must file an amended complaint as directed within thirty (30) days from the filing date of this Decision and Order. 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 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 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. Signed by Judge David N. Hurd on 8/29/19. {order served via regular mail on plaintiff}(nas)
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| Set Deadlines/Hearings: Notice of Compliance Deadline 9/30/2019 Case Review Deadline 10/29/2019 (nas, ) |
| Notification to Superintendent of Filing - Provided Warden at FCI Otisville with notice of instant action and a copy of Plaintiff's #6 Inmate Authorization Form. USDC/NYND Finance Dept notified. (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 Judge David N. Hurd on 8/12/19. {text order served via regular mail on plaintiff}(nas)
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| Filing 6 INMATE AUTHORIZATION FORM by Joe N. Flowers. (nas, ) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Joe N. Flowers. (nas, ) |
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Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. It is hereby ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further ORDERED that, if plaintiff desires to pursue this action, he must, within 30 days of the filing date of this Order, either (1) pay the $400.00 filing fee in full; or (2) submit a completed and signed IFP application; and it is further ORDERED that, in the event plaintiff chooses to file an IFP application, it must be accompanied by a signed inmate authorization form in accordance with the Court's Local Rules. Signed by Judge David N. Hurd on 7/30/2019. (Copy served via regular mail, along with blank forms)(meb)
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| Filing 3 Case transferred in from District of New York Southern; Case Number 1:19-cv-06531. electronically transferred when case opened |
| 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 (mro) [Transferred from New York Southern on 7/30/2019.] |
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Filing 2
TRANSFER ORDER. The Clerk of Court is directed to transfer this action to the United States District Court for the Northern District of New York. The Clerk of Court is further directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. 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, under 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 7/23/2019) (rjm). Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 7/30/2019.]
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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 7/30/2019.] |
| Mailed a copy of #2 Order, to Joe N. Flowers 21716-055 Federal Correctional Institution Otisville P.O. Box 1000 Otisville, NY 10953. (vba) [Transferred from New York Southern on 7/30/2019.] |
| Filing 1 COMPLAINT against Anthony Annucci, John/Jane Doe, John/Jane Doe, Laurine Jones, Thomms. Document filed by Joe N. Flowers.(rdz) [Transferred from New York Southern on 7/30/2019.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 7/30/2019.] |
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