Henry v. Dinello
| Thomas Henry |
| David Dinello |
| 9:2019cv01059 |
| August 28, 2019 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| David N Hurd |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 8
AMENDED COMPLAINT filed by Thomas Henry. (Mailing envelope included)(meb)
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Notification to Superintendent of Filing - Provided Superintendent at Gouverneur Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb)
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Set Deadlines/Hearings: Notice of Compliance Deadline 11/4/2019 Case Review Deadline 12/3/2019 (meb, )
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Filing 7
DECISION AND ORDER: It is ORDERED that Plaintiff's IFP Application (Dkt. No. #5 ) is GRANTED; The Clerk shall provide the superintendent of the prison facility in which plaintiff is currently confined with a copy of plaintiff's inmate authorization form (Dkt. No. #3 ), and notify the official that this action has been filed and that plaintiff is required to pay the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. 1915; The Clerk shall provide a copy of plaintiff's inmate authorization form (Dkt. No. #3 ) to the Financial Deputy of the Clerk's Office; Plaintiff's 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; 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; Upon the filing of an amended complaint as directed above, the Clerk shall return the file to this Court for further review; 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) and 28 U.S.C. 1915A(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 Judge David N. Hurd on 10/4/2019. (Copy served via regular mail)(meb)
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Filing 6
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 9/11/2019. (Copy served via regular mail)(meb)
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Filing 5
MOTION for Leave to Proceed in forma pauperis filed by Thomas Henry. (Account statement and mailing envelope included.)(meb)
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Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: It is hereby 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 Judge David N. Hurd on 8/28/2019. (Copy served via regular mail)(meb)
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Filing 3
INMATE AUTHORIZATION FORM by Thomas Henry. (meb)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Thomas Henry. (meb)
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Filing 1
COMPLAINT WITH JURY DEMAND against David Dinello filed by Thomas Henry. (Attachments: #1 Mailing envelope)(meb)
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| Plaintiff: Thomas Henry | |
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| Defendant: David Dinello | |
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