Spulka v. Matott et al
| Kenneth Spulka |
| K. Matott and J. Babbie |
| 9:2019cv01553 |
| December 17, 2019 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Gary L Sharpe |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 6, 2020. A more recent docket listing may be available from PACER.
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Filing 7
DECISION AND ORDER: ORDERED that #5 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that plaintiff's Section 1983 claims against defendants Matott and Babbie in their official capacities are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and U.S.C. 1915A(b) as barred by the Eleventh Amendment. ORDERED that plaintiff's Section 1983 claims against defendants Matott and Babbie in their individual capacities are conditionally DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and U.S.C. 1915A(b). ORDERED that, if plaintiff wishes to proceed with this action, he must file an amended complaint as directed within thirty (30) days from the filing date of this Decision and Order. 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 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. In that event, the Clerk is directed to close this case. Signed by Senior Judge Gary L. Sharpe on 1/29/2020. {order served via regular mail on plaintiff}(nas)
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| Set Deadlines/Hearings: Notice of Compliance Deadline 2/28/2020 Case Review Deadline 3/30/2020 (nas, ) |
| Notification to Superintendent of Filing - Provided Superintendent at Gouverneur Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
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Filing 6
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 Gary L. Sharpe on 1/2/20. {text order served via regular mail on plaintiff}(nas)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Kenneth Spulka. (nas, ) (Main Document 5 replaced on 1/2/2020) (nas, ). |
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Filing 4
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, either (1) pay the $400.00 filing fee in full; or (2) submit a completed and signed IFP application. Signed by Senior Judge Gary L. Sharpe on 12/18/19. {order and blank ifp form served via regular mail on plaintiff}(nas, )
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| Filing 3 INMATE AUTHORIZATION FORM: Filed by Kenneth Spulka. (rep) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Kenneth Spulka. (Attachments: #1 Prisoner Account Statement, #2 Proposed Summons as to K. Matott, #3 Proposed Summons as to J. Babbie) (rep) |
| Filing 1 COMPLAINT WITH JURY DEMAND: Against J. Babbie, K. Matott. Filed by Kenneth Spulka. (Attachments: #1 Exhibits, #2 Civil Cover Sheet, #3 Cover Letter, #4 Mailing Envelope)(rep) |
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