Adams v. Ulster Correctional Facility et al
| Corwin Adams |
| Groveland Correctional Facility, Lakeview Correctional Facility and Ulster Correctional Facility |
| 9:2019cv01248 |
| October 9, 2019 |
| US District Court for the Northern District of New York |
| Daniel J Stewart |
| Glenn T Suddaby |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 11
DECISION AND ORDER that the Clerk shall provide the superintendent of the facility, designated by plaintiff as his current location, with a copy of plaintiff's authorization form (Dkt. No. #3 ). The Clerk shall provide a copy of plaintiff's authorization form (Dkt. No. #3 ) to the Financial Deputy of the Clerk's Office. Plaintiff's claims against Ulster Correctional Facility 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. Ulster Correctional Facility is DISMISSED as a defendant. If plaintiff wishes to proceed with this action, he must file an amended complaint as directed above 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. If plaintiff fails to timely file an amended complaint as directed above, 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. Signed by Chief Judge Glenn T. Suddaby on 10/22/2019. (Notice of Compliance Deadline 11/21/2019. Case Review Deadline 12/23/2019). (Copy served via regular mail)(sal )
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| Notification to Superintendent of Filing - Provided Superintendent at Collins Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (sal ) |
| Filing 10 Case transferred in from District of New York Western; Case Number 6:19-cv-06431. electronically transferred when case opened |
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Filing 9
ORDER granting #8 Motion for Leave to Proceed in forma pauperis. All claims against the Ulster Correctional Facility are severed from this action and transferred to the Northern District of New York and the Clerk of Court will terminate it from this case. The remaining claims are dismissed under 28 U.S.C. 1915(e)(2)(B) and 1915A(a) unless Plaintiff files an amended complaint by October 21, 2019. The Clerk will send Plaintiff this Order, a copy of the original Complaint, a blank 1983 complaint form, and the instructions for preparing an amended complaint. If Plaintiff does not timely file an amended complaint, the Clerk of Court will terminate Groveland and Lakeview and close this case as dismissed with prejudice without further order. Signed by Hon. Frank P. Geraci, Jr. on 9/20/19. (mailed plaintiff a copy of this order, a copy of the original Complaint, a blank 1983 complaint form, and the instructions for preparing an amended complaint) (TF) [Transferred from New York Western on 10/10/2019.]
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| Filing 8 MOTION for Leave to Proceed in forma pauperis by Corwin Adams.(TF) [Transferred from New York Western on 10/10/2019.] |
| Filing 7 JUDGMENT in favor of Groveland Correctional Facility, Lakeview Correctional Facility, Ulster Correctional Facility against Corwin Adams. Signed by Mary C. Loewenguth, Clerk of Court, on 6/19/2019. (Copy mailed to plaintiff.) (LB) [Transferred from New York Western on 10/10/2019.] |
| Filing 6 DECISION AND ORDER Plaintiffs in forma pauperis motion is DENIED. The Clerk of Court will administratively close this action without filing the complaint or assessing a filing fee and will send Plaintiff an in forma pauperis motion form with a certification. If Plaintiff wants to reopen this action, he must submit a complete in forma pauperis motion or $400.00 in filing fees by July 19, 2019. If Plaintiff timely submits a proper in forma pauperis motion or the filing fees, the Clerk of Court will reopen this case. Signed by Hon. Frank P. Geraci, Jr. on 6/18/2019. (Copy of order and blank in forma pauperis motion form mailed to plaintiff.) (LB) [Transferred from New York Western on 10/10/2019.] |
| Filing 5 Case transferred in from District of New York Southern; Case Number 1:19-cv-05069. [Transferred from New York Western on 10/10/2019.] |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. Pro se packet mailed to plaintiff, including consent form, civil case timeline and privacy notice. (TF) [Transferred from New York Western on 10/10/2019.] |
| Mailed a copy of #4 Order, to Corwin Adams DIN No. 18R2209 Collins Correctional Facility P.O. Box 340 Collins, NY 14034-0340. (vba) [Transferred from nysd on 6/13/2019.] [Transferred from New York Western on 10/10/2019.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Western District of New York. (rjm) [Transferred from nysd on 6/13/2019.] [Transferred from New York Western on 10/10/2019.] |
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Filing 4
TRANSFER ORDER. Plaintiff's claims arose in Chautauqua, Livingston, and Ulster Counties, which are in the Western and Northern Districts of New York. See 28 U.S.C. 112(a), (d). Accordingly, venue does lie in the Western and Northern Districts of New York. 28 U.S.C. 1391(b)(2). Moreover, Plaintiff's complaint is captioned for the Western District of New York and appears to have been mailed to this Court in error. Accordingly, this action is transferred to the United States District Court for the Western District of New York. 28 U.S.C. 1406(a). 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 Western 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 the case in the Southern District of New York. 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). (Signed by Judge Colleen McMahon on 5/31/2019) (rjm) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from nysd on 6/13/2019.] [Transferred from New York Western on 10/10/2019.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (rjm) Modified on 6/3/2019 (rjm). Modified on 6/3/2019 (rjm). Modified on 6/3/2019 (tro). Modified on 6/3/2019 (rjm).[Transferred from nysd on 6/13/2019.] [Transferred from New York Western on 10/10/2019.] Modified on 10/10/2019 to remove the docket #0 (meb). |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Corwin Adams. (sac) [Transferred from nysd on 6/13/2019.] [Transferred from New York Western on 10/10/2019.] |
| Filing 2 COMPLAINT against Groveland Correctional Facility, Lakeview Correctional Facility, Ulster Correctional Facility. Document filed by Corwin Adams. (sac) [Transferred from nysd on 6/13/2019.] [Transferred from New York Western on 10/10/2019.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Corwin Adams.(sac) [Transferred from nysd on 6/13/2019.] [Transferred from New York Western on 10/10/2019.] |
| Case Designated ECF. (sac) [Transferred from nysd on 6/13/2019.] [Transferred from New York Western on 10/10/2019.] |
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