Coston et al v. Onondaga County Justice Center et al
| Rashod Coston and Derrick Harris |
| New York State Attorney General, Supreme Court of N.Y.S., Onondaga County Justice Center, Commission of Corrections, Correction Officers/Deputies/Sergeants/Lieutenants/Chief Custody, Onondaga City Sheriff's Office, State of New York, Cuomo, Onondaga County (Executive) and Fourth Department, Appellate Divsion |
| 9:2019cv01389 |
| November 12, 2019 |
| US District Court for the Northern District of New York |
| Gary L Sharpe |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on January 6, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 Mail Returned as Undeliverable: Regarding the docket sheet and copies that were sent at the #18 Letter to Rashod Coston at the Onondaga County Justice Center. Not Here - Return to Sender. (meb) |
| Filing 22 AFFIDAVIT regarding the #2 Complaint filed by Rashod Coston. (Mailing envelope included) (meb) |
Filing 21
TEXT ORDER: The Court's recent Order dated December 18, 2019 ("December Order") (Dkt. No. #16 ), was returned to the Court with an notation that reads, "Return to Sender. Attempted - not known. Unable to forward." Dkt. Nos. #19 , #20 . According to publicly available information, plaintiff Coston appears to be now incarcerated in Elmira Correctional Facility, but plaintiff Harris' location cannot be determined. (Plaintiff Coston's most recent submissions to the Court (Dkt. Nos. #17 , #18 ) appears to confirm he is now be incarcerated Elmira Correctional Facility.) Accordingly, plaintiffs Coston and Harris are DIRECTED to update their addresses with the Court within 7 days of this Order. Failure to do so may result in dismissal of the action. The Clerk of the Court is respectfully directed to serve this text order, as well as a change-of-address form and a courtesy copy of the December Order and docket sheet, on plaintiff Harris at his last known address, and serve plaintiff Coston at both the address listed on the docket, as well at Elmira Correctional Facility. Plaintiffs' deadline to comply with the Court's December Order is extended until January 16, 2020. Authorized by Senior Judge Gary L. Sharpe on 1/2/2020. (Copy served via regular mail, along with blank forms)(meb)
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| Filing 20 Mail Returned as Undeliverable: Regarding the #16 Order sent to Derrick Harris at the Onondaga County Justice Center. Return to Sender - Attempted Not Known - Unable to Forward. (meb) |
| Filing 19 Mail Returned as Undeliverable: Regarding the #16 Order sent to Rashod Coston at the Onondaga County Justice Center. Return to Sender - Attempted Not Known - Unable to Forward. (meb) |
| Filing 18 Letter requesting a copy of the docket sheet and two copies of a filing of a letter and inmate grievances filed by Rashod Coston. (Mailing envelope included) [The Clerk has sent plaintiff Coston a copy of the docket sheet and two copies of docket #14 via regular mail.] (meb) |
| Filing 17 MOTION to Appoint Counsel filed by Rashod Coston, Derrick Harris.(meb) |
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Filing 16
ORDER: It is hereby ORDERED that plaintiffs Coston and Harris shall file a letter with the Court within fourteen (14) days of the date of this Decision and Order clarifying whether the December Submission is (1) a notice of appeal of Judge McMahon's December Order, or (2) a motion for reconsideration of Judge McMahon's Transfer Order. (Notice of Compliance Deadline 1/2/2020). Signed by Senior Judge Gary L. Sharpe on 12/18/2019. (Copy served via regular mail)(meb)
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| Filing 15 OBJECTION to the #4 Order filed by Rashod Coston. (Mailing envelope included) (meb) Modified on 12/18/2019 to correct the file date (meb). |
| Filing 14 Exhibits filed by Rashod Coston. (Attachments: #1 Exhibit)(meb) |
| Filing 13 Letter enclosing an exhibit filed by Rashod Coston. (Mailing envelope included) (meb) |
| Filing 12 Civil Cover Sheet and proposed summons filed by Rashod Coston and Derrick Harris. (Mailing envelope included) (meb) |
| Filing 11 INMATE AUTHORIZATION FORM filed by Rashod Coston. (Mailing envelope included) (meb) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis filed by Rashod Coston. (Mailing envelope included)(meb) Modified on 11/22/2019 to change the filer (meb, ). |
| Filing 9 INMATE AUTHORIZATION FORM filed by Derrick Harris. (Mailing envelope included) (meb) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis filed by Derrick Harris. (Mailing envelope included)(meb) |
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Filing 7
DECISION AND ORDER: It is hereby ORDERED that plaintiffs Coston and Harris must each individually, within thirty (30) days of the date of this Decision and Order, either (a) pay the Court's filing fee of $400.00 in full or (b) submit a completed and signed IFP application in accordance with this Decision and Order and a signed inmate authorization form reflecting his individual consent to pay the $350.000 filing fee over time, in installments; and it is furtherORDERED that if, within the time period specified above, Coston or Harris fail to comply with the terms of this Decision and Order delineated above, the non-compliant individual(s) will be terminated from the docket and any claims asserted by him will be dismissed from the action without prejudice without further Order of this Court; and it is further ORDERED that, upon full compliance with this Decision and Order, or at the expiration of the deadline to comply, whichever is earlier, the Clerk shall return this file to the Court forfurther review; and it is further ORDERED the Clerk shall serve a copy of this Decision and Order, as well as a blank complaint form, blank IFP application, and blank inmate authorization form, on each plaintiff in accordance with the Local Rules of Practice. (Notice of Compliance Deadline 12/16/2019, Case Review Deadline 1/13/2020). Signed by Senior Judge Gary L. Sharpe on 11/14/2019. (Copy served via regular mail)(meb)
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| Filing 6 Case transferred in from District of New York Southern; Case Number 1:19-cv-10221. electronically transferred when case opened |
| Mailed a copy of #4 Order, to Derrick Harris Pro Se Derrick Harris East WIN T 17-25 B ONondaga County Justice Center 555 S. State St. Syracuse, NY 13206 Rashod Coston 19156-054 5555 State Street NY, NY 13202. (vba) [Transferred from New York Southern on 11/12/2019.] |
| 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. (rjm) [Transferred from New York Southern on 11/12/2019.] |
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Filing 4
ORDER. Venue lies in the Northern District of New York, 28 U.S.C. 1391(b)(2), and this action is transferred to the United States District Court for the Northern 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 Plaintiffs, 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 Plaintiffs 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). SO ORDERED. (Signed by Judge Colleen McMahon on 11/5/2019) (rjm) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 11/12/2019.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (rjm) [Transferred from New York Southern on 11/12/2019.] |
| Filing 5 VERIFIED AFFIDAVIT of William Boyde. Document filed by Rashod Coston. (sc) [Transferred from New York Southern on 11/12/2019.] |
| Filing 3 SWORN VERIFIED AFFIDAVIT OF DEMONTE PERRYMAN. Document filed by Rashod Coston. (sc) [Transferred from New York Southern on 11/12/2019.] |
| Filing 2 COMPLAINT against Commission of Corrections, Correction Officers/Deputies/Sergeants/Lieutenants/Chief Custody, Cuomo, Fourth Department, Appellate Divsion, New York State Attorney General, Onondaga City Sheriff's Office, Onondaga County (Executive), Onondaga County Justice Center, State of New York, Supreme Court of N.Y.S.. Document filed by Derrick Harris, Rashod Coston.(rdz) [Transferred from New York Southern on 11/12/2019.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Rashod Coston, Derrick Harris.(rdz) [Transferred from New York Southern on 11/12/2019.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 11/12/2019.] |
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