Tyes v. The Department of Corrections and Supervision et al
| Antonio Tyes |
| The Department of Corrections and Supervision and The Office of Mental Health |
| 9:2019cv01254 |
| October 11, 2019 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Lawrence E Kahn |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on January 14, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 Prisoner Trust Fund Account Statement by Antonio Tyes. (Attachments: #1 cover letter, #2 envelope)(nas, ) |
| Filing 10 MOTION to Appoint Counsel filed by Antonio Tyes. (Attachments: #1 envelope) (nas, ) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis filed by Antonio Tyes. (Attachments: #1 envelope)(nas, ) |
Filing 8
DECISION AND ORDER: It is hereby ORDERED that Plaintiff's IFP Application (Dkt. No. #5 ) is DENIED without prejudice to renew; and it is further ORDERED, that Plaintiff must, within thirty days of the filing date of this Decision and Order, (1) pay the $400 filing fee in full; or (2) submit a completed, signed, and certified IFP application; or (3) submit a completed and signed IFP application along with certified copies of his inmate account statement for the six-month period immediately preceding the filing of his Complaint; and it is further ORDERED, that, in the event Plaintiff fails to timely comply with the filing fee requirements set forth in this Decision and Order, this action will be dismissed without prejudice without further order of this Court, and the Clerk shall close the case; and it is further ORDERED, that upon Plaintiff's compliance with this Decision and Order, the file shall be returned to the Court for further review. Signed by Senior Judge Lawrence E. Kahn on November 8, 2019. (Copy served via regular mail along with a blank IFP Application Form).(rep)
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| Set Deadlines: Notice of Compliance Deadline 12/9/2019; Case Review Deadline 1/8/2020. (rep) |
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Filing 7
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 October 28, 2019. (Copy served via regular mail)(rep)
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| Filing 6 INMATE AUTHORIZATION FORM: Filed by Antonio Tyes. (rep) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis, filed by Antonio Tyes. (rep) |
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Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. It is 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; and it is further ORDERED that, in the event plaintiff chooses to file an IFP application, it must be accompanied by a signed inmate authorization form in accordance with the Court's Local Rules; and it is further ORDERED that, upon plaintiff's compliance herewith, the Clerk shall reopen this action and forward it to the Court for review; and it is further ORDERED that the Clerk serve a copy of this Order on plaintiff along with a blank IFP application and blank inmate authorization form. Signed by Senior Judge Lawrence E. Kahn on October 16, 2019. (Copy served via regular mail along with a blank IFP Application and blank Inmate Authorization Form).(rep)
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| Filing 3 Case transferred in from District of New York Southern; Case Number 1:19-cv-09181. electronically transferred when case opened |
| Mailed a copy of #2 Order, to Antonio Tyes DIN No. 04B1038 Green Haven Correctional Facility 594 Rt. 216 Stormville, NY 12582-0010. (vba) [Transferred from New York Southern on 10/11/2019.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York. (sac) [Transferred from New York Southern on 10/11/2019.] |
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Filing 2
TRANSFER ORDER: 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 Northern 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 this case. 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 10/4/2019) (sac) 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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| NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (sac) [Transferred from New York Southern on 10/11/2019.] |
| Filing 1 COMPLAINT against The Department of Corrections and Supervision, The Office of Mental Health. Document filed by Antonio Tyes. (sac) [Transferred from New York Southern on 10/11/2019.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 10/11/2019.] |
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