Coss v. Marcy Correctional Facility
| Richard R. Coss |
| Marcy Correctional Facility |
| 9:2019cv01026 |
| August 19, 2019 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Daniel J Stewart |
| 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 February 26, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 MOTION to Appoint Counsel filed by Richard R. Coss. (nas, ) |
| Filing 11 DECISION AND ORDER: ORDERED that #2 Motion for Leave to Proceed in forma pauperis is GRANTED. ORDERED that the Clerk shall annex the submission at Dkt. No. #6 to the Complaint (Dkt. No. 1). ORDERED that all claims against Marcy C.F. are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) because Plaintiff seeks monetary relief from a defendant who is immune from such relief. ORDERED that if Plaintiff wishes to proceed with this action, he must file an Amended Complaint as set forth above within thirty (30) days from the date of the filing 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 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 28 U.S.C. 1915A(b)(1) for failure to state a claim upon which relief may be granted and for failure to comply with this Decision and Order. In that event, the Clerk is directed to close this case. ORDERED that Plaintiff's request for service by the U.S. Marshal (Dkt. No. #4 ) is DENIED. ORDERED that, in response to Plaintiff's request for "new court papers" (Dkt. No. #10 ), the Clerk of the Court is directed to provide Plaintiff with a blank form Section 1983 complaint.Signed by U.S. District Judge Mae A. D'Agostino on 9/10/19.( Notice of Compliance Deadline 10/10/2019, Case Review Deadline 11/12/2019) {served as directed} (nas) |
| Notification to Superintendent of Filing - Provided Superintendent at Marcy Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
| Filing 10 LETTER: Filed by Richard R. Coss, in support of claims and requesting forms. {1983 forms packet as well as a blank Motion for Appointment of Counsel form sent to the plaintiff at Marcy Correctional Facility via regular mail}. (rep) |
| Filing 9 Prisoner Trust Fund Account Statement by Richard R. Coss. {Mailing Envelope attached}. (rep) |
| Filing 8 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 U.S. District Judge Mae A. D'Agostino on 8/28/19. {text order served via regular mail on plaintiff}(nas, ) |
| Filing 7 Prisoner Trust Fund Account Statement by Richard R. Coss. (nas, ) |
| Filing 6 Last page of complaint (dated 8/20/19) from Richard R. Coss. (nas, ) |
Filing 5
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. It is ORDERED that plaintiff's IFP application is DENIED as incomplete; and it is further 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. Signed by U.S. District Judge Mae A. D'Agostino on August 21, 2019. (Copy served via regular mail on plaintiff along with a blank IFP Application)(rep)
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| Filing 4 Letter Application for Order Directing Service by U.S. Marshal, filed by Richard R. Coss. (rep) |
| Filing 3 INMATE AUTHORIZATION FORM: Filed by Richard R. Coss. (rep) |
| Filing 2 MOTION: for Leave to Proceed in forma pauperis, filed by Richard R. Coss. (rep) |
| Filing 1 COMPLAINT WITH JURY DEMAND: Against Marcy Correctional Facility, filed by Richard R. Coss. (Attachments: #1 Civil Cover Sheet, #2 Mailing Envelope)(rep) |
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