Amaker v. Gerbing et al
| Anthony D. Amaker |
| C.O. Barber, P. Wolff, S. Bennett, Dr. Gusman, C.O. Albert, C.O. John Doe, Lt. Flint, Lt. John Doe, D. Phelix, J. McCoy, C.O. J. Rio, A. Annucci, P. Early, D. Venetozzi, Benior, D. Willet, K. Gerbing, Barton, M. Harmon, B. Yelich, Rev. Ranney, A. Boyd, Sgt. Coleman, S. Roberts and J. Bellnier |
| 9:2019cv01253 |
| October 10, 2019 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Lawrence E Kahn |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 14
Case transferred in from District of New York Southern; Case Number 1:17-cv-03520. electronically transferred when case opened
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Mailed a copy of #13 Order, Add and Terminate Parties, to Anthony D. Amaker 140 Moore Street Apt. #7A Brooklyn, NY 11206. (vba) [Transferred from New York Southern on 10/11/2019.]
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PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to B. Yelich; D. Phelix; S. Barton; Benior; Rev. Ranney; D. Willett; Nurse Harmon; Sgt. Coleman; Lt. Flint; Capt. A. Boyd; C.O. Albert; C.O. John Doe; A. Annucci; J. Bellnier; and J. McCoy only, from the U.S.D.C. Southern District of New York to the United States District Court - Northern District of New York. (rjm) [Transferred from New York Southern on 10/11/2019.]
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Filing 13
ORDER OF PARTIAL TRANSFER. The Clerk of Court is directed to mail a copy of this order to Plaintiff, and note service on the docket. The Clerk of Court is further directed to (1) sever the claims arising at Bare Hill Correctional Facility, which are brought against Defendants B. Yelich; D. Phelix; S. Barton; Benior; Rev. Ranney; D. Willett; Nurse Harmon; Sgt. Coleman; Lt. Flint; Capt. A. Boyd; C.O. Albert; C.O. John Doe; A. Annucci; J. Bellnier; and J. McCoy, and (2) transfer the action involving those defendants, under 28 U.S.C. 1404(a), to the United States District Court for the Northern District of New York. The Court will address by separate order Plaintiff's claims against the remaining defendants (K. Barber; J. Rio; Lieutenant John Doe; Dr. Gusman; Nurse Peter Wolff; K. Gerbing; S. Bennett; S. Roberts; P. Early; and D. Venetozzi). No summons will issue at this time. SO ORDERED. Barton, J. Bellnier, Benior, A. Boyd, C.O. John Doe, Coleman, Flint, M. Harmon, J. McCoy, D. Phelix, Ranney, D. Willet, B. Yelich, Albert and A. Annucci terminated. (Signed by Judge Louis L. Stanton on 10/2/2019) (rjm) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 10/11/2019.]
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Mailed a copy of #12 Order Reopening Case, to Anthony D. Amaker 140 Moore Street Apt. #7A Brooklyn, NY 11206. (aea) [Transferred from New York Southern on 10/11/2019.]
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Filing 12
ORDER: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court further directs the Clerk of Court to reopen this closed action. No summons shall issue in this action until the Court has screened the complaint under 28 U.S.C. 1915A and directed the Clerk of Court to do so. 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Louis L. Stanton on 8/26/2019) (sac) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/11/2019.]
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Filing 11
DECLARATION of Anthony D. Amaker in Support Timely Filing Fees re: #10 Memorandum of Law. Document filed by Anthony D. Amaker. (sac) [Transferred from New York Southern on 10/11/2019.]
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Filing 10
MEMORANDUM OF LAW re: #9 Order. Document filed by Anthony D. Amaker. (sac) [Transferred from New York Southern on 10/11/2019.]
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Filing 9
ORDER: The Clerk of Court is directed to reassign this matter to my docket. The Court dismissed this action but held that Plaintiff could move to reopen it within 30 days by paying the $400.00 in filing fees. Plaintiff paid the $400.00 in fees more than 30 days after this action was dismissed, and the Court did not reopen it. Accordingly, the Court directs the Clerk of Court to return Plaintiff's $400.00 filing fee but stays this direction for 30 days. If within 30 days from the date of this order, Plaintiff shows that he had good cause for failing to pay the $400.00 fee within the deadline, the Court will not return the $400.00 filing fee but will instead reopen this closed action and screen the complaint under 28 U.S.C. 1915A. 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Louis L. Stanton on 7/15/2019) (mro) Transmission to Docket Assistant Clerk for processing. Transmission to Finance Unit (Cashiers) for processing. [Transferred from New York Southern on 10/11/2019.]
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Colleen McMahon is no longer assigned to the case. (mro) [Transferred from New York Southern on 10/11/2019.]
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Mailed a copy of #9 Order, to Anthony D. Amaker 140 Moore Street Apt. #7A Brooklyn, NY 11206. (aea) [Transferred from New York Southern on 10/11/2019.]
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Form Request Mailed: Request for Docket Sheet from Anthony D. Amaker 140 Moore Street Apt. #7A Brooklyn, NY 11206 mailed on 3/8/2019. (bwa) [Transferred from New York Southern on 10/11/2019.]
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Filing 8
LETTER addressed to Judge Colleen McMahon from A. Amaker, dated 3/2/19 re: Plaintiff informs the Court that his filing fees were not rejected and returned, but he still has not heard anything from the Court concerning the assignment of a judge; and that he is unable to appeal the failure to file etc. Document filed by Anthony D. Amaker.(sc) [Transferred from New York Southern on 10/11/2019.]
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Request for Copy of the updated Docket Sheet Received: Re #8 Letter. Request for Docket Report, from Anthony Amaker received on 3/7/19. Transmission to Pro Se Assistants for processing. (sc) [Transferred from New York Southern on 10/11/2019.]
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Filing 7
LETTER addressed to Judge Colleen McMahon from A. Amaker, dated 2/4/19 re: Plaintiff requests that the Court inform him as to why no judge was assigned and the case not moved forward after he paid the $400.00 filing fees. Document filed by Anthony D. Amaker.(sc) [Transferred from New York Southern on 10/11/2019.]
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Filing 6
LETTER from Anthony Amaker, dated 2/26/18 re: (PRIOR FILING FEE PAID)- Plaintiff gives his new address as follows: 140 Moore Street, Apt. 7A, Brooklyn, New York 11206. Document filed by Anthony D. Amaker.(sc) [Transferred from New York Southern on 10/11/2019.]
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Form Request Mailed: Request for Docket Sheet from Anthony D. Amaker mailed on 02/26/2018. (sbr) [Transferred from New York Southern on 10/11/2019.]
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Request for Copy of the updated docket Sheet Received: Re #6 Letter. Request for Docket Report, from A. Amaker received on 2/26/18. Transmission to Pro Se Assistants for processing. (sc) [Transferred from New York Southern on 10/11/2019.]
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Filing 5
LETTER from Anthony D. Amaker, dated 9/16/17 re: Plaintiff informs the Court of his new address at Governeur Correctional Facility, 112 Scotch Settlement Road, Governeur, N.Y. 13642. Document filed by Anthony D. Amaker, Anthony D. Amaker.(sc) [Transferred from New York Southern on 10/11/2019.]
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Pro Se Payment of Fee Processed: $400.00 Check processed by the Finance Department on 6/16/2017, Receipt Number 4654001183844. (aa) [Transferred from New York Southern on 10/11/2019.]
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Mailed a copy of #4 Order of Dismissal to Anthony D. Amaker, 89-T-2815, Bare Hill Correctional Facility, Caller Box 20, 181 Brand Road, Malone, NY 12953. (rro) [Transferred from New York Southern on 10/11/2019.]
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Filing 4
ORDER OF DISMISSAL UNDER 28 U.S.C. 1915(g): 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 Court denies Plaintiff's request to proceed IFP, and the complaint is dismissed without prejudice under the PLRA's "three-strikes" rule. See 28 U.S.C. 1915(g). Plaintiff remains barred from filing any future action IFP while in custody, unless he is under imminent threat of serious physical injury. 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 IFP 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 5/12/2017) (sac) [Transferred from New York Southern on 10/11/2019.]
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Transmission to Docket Assistant Clerk. Transmitted re: #4 Order of Dismissal, to the Docket Assistant Clerk for case processing. (sac) [Transferred from New York Southern on 10/11/2019.]
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NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Colleen McMahon is no longer assigned to the case. (sac) [Transferred from New York Southern on 10/11/2019.]
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Filing 3
PRISONER AUTHORIZATION. Document filed by Anthony D. Amaker.(rdz) [Transferred from New York Southern on 10/11/2019.]
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Filing 2
COMPLAINT against Albert, Benior A. Annucci, Barber, Barton, J. Bellnier, S. Bennett, A. Boyd, C.O. John Doe, Coleman, P. Early, Flint, K. Gerbing, Gusman, M. Harmon, Lt. John Doe, J. McCoy, Ranney, J. Rio, S. Roberts, D. Venetozzi, D. Willet, P. Wolff. Document filed by Anthony D. Amaker.(rdz) [Transferred from New York Southern on 10/11/2019.]
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Anthony D. Amaker.(rdz) [Transferred from New York Southern on 10/11/2019.]
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Case Designated ECF. (rdz) [Transferred from New York Southern on 10/11/2019.]
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