Coss v. Marcy Correctional Facility
| Richard R. Coss |
| Marcy Correctional Facility |
| 9:2019cv01116 |
| September 10, 2019 |
| US District Court for the Northern District of New York |
| Lawrence E Kahn |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 10
DECISION AND ORDER: ORDERED, that the Clerk of the Court shall attach a copy of Plaintiff's account statement, located at Coss v. Marcy Correctional Facility, No. 19-CV-1026, Dkt. No. 7 at 2 (N.D.N.Y. filed Aug. 19, 2010), to his IFP Application (Dkt. No. 6). ORDERED, that Plaintiff's IFP application (Dkt. No. #6 ) is GRANTED. ORDERED, that the Clerk shall annex the submission at Dkt. No. 8 to the Complaint (Dkt. No. 1. ORDERED, that all claims against Marcy are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A(b) because Plaintiff seeks monetary relief from a defendant that is immune from suit. ORDERED, that if Plaintiff wishes to proceed with this action, he must file an amended complaint as set forth above within thirty 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 the Court pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A(b)(1) 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 Senior Judge Lawrence E. Kahn on 10/10/19. {order served via regular mail on plaintiff}(nas)
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| Notification to Superintendent of Filing - Provided Superintendent at Marcy Correctional Facility with notice of instant action and a copy of Plaintiff's #7 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
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Filing 9
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 Lawrence E. Kahn on 9/18/19. {text order served via regular mail on plaintiff}(nas)
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| Filing 8 Page 1 of complaint and summons submitted by Coss. (nas, ) (nas, ). |
| Filing 7 INMATE AUTHORIZATION FORM by Richard R. Coss. (nas, ) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis filed by Richard R. Coss. (nas, ) (Additional attachment(s) added on 10/10/2019: #1 account statement) (nas, ). |
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Filing 5
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that plaintiff's IFP application is DENIED as incomplete. 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, within 30 days of the filing date of this Order, (1) either (a) pay the $400.00 filing fee in full, or (b) submit a completed and signed IFP application; AND (2) submit a completed and signed inmate authorization form. Signed by Senior Judge Lawrence E. Kahn on 9/11/19. {order and blank forms served via regular mail on plaintiff}(nas, )
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| Filing 4 Letter from Coss. (nas, ) |
| Filing 3 INMATE AUTHORIZATION FORM by Richard R. Coss. (nas, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Richard R. Coss. (nas, ) |
| Filing 1 COMPLAINT against Marcy Correctional Facility filed by Richard R. Coss.(nas, ) (Additional attachment(s) added on 10/10/2019: #1 page 1 of complaint) (nas, ). |
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