Morrow v. Bauersfeld et al
| Neb Morrow, III |
| J. Perkins, Bauersfeld, Sergeant Van Fleet and Harold Graham |
| 9:2019cv01628 |
| December 30, 2019 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| David N Hurd |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 8 Summons Issued as to Bauersfeld. [The Clerk has sent copies to the NYS Attorney General in compliance with the #7 Decision and Order.] (meb) |
Filing 7
DECISION AND ORDER: It is ORDERED that Plaintiff's IFP Application (Dkt. No. #4 ) is GRANTED; The Clerk shall provide the superintendent of the prison facility in which plaintiff is currently confined with a copy of plaintiff's inmate authorization form (Dkt. No. #5 ), and notify the official that this action has been filed and that plaintiff is required to pay to the Northern District of New York the entire statutory filing fee of $350 in installments, over time, pursuant to 28 U.S.C. 1915; The Clerk shall provide a copy of plaintiff's inmate authorization form (Dkt. No. #5 ) to the Financial Deputy of the Clerk's Office; The Clerk shall attach the exhibits to the complaint (Dkt. Nos. #1 -1, #1 -2) as exhibits to the amended complaint; Plaintiff's First Amendment retaliation claim against defendant Bauersfeld survives sua sponte review and requires a response; Plaintiff's remaining Section 1983 claims are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted; The Clerk shall issue a summons and forward it, along with a copy of the complaint, to the United States Marshal for service upon defendant Bauersfeld. The Clerk shall forward a copy of the summons and complaint by mail to the Office of the New York State Attorney General, together with a copy of this Decision and Order; A response to the complaint be filed by defendant Bauersfeld, or his counsel, as provided for in the Federal Rules of Civil Procedure. Signed by Judge David N. Hurd on 2/27/2020. (Copy served via regular mail)(meb)
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| Notification to Superintendent of Filing - Provided Superintendent at Sing Sing Correctional Facility with notice of instant action and a copy of Plaintiff's #5 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb, ) |
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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 Judge David N. Hurd on 1/31/2020. (Copy served via regular mail)(meb)
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| Filing 5 INMATE AUTHORIZATION FORM filed by Neb Morrow, III. (meb) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Neb Morrow, III.(meb) |
| Filing 3 AMENDED COMPLAINT WITH JURY DEMAND filed by Neb Morrow, III. (Attachments: #1 Cover letter, affidavit of service, and mailing envelope)(meb) Modified on 1/31/2020 to correct filing date (meb). (Additional attachment(s) added on 2/27/2020: #2 Exhibits 1-10, #3 Exhibits 12-27) (meb, ). Modified on 2/27/2020 [No exhibit 11 was included] (meb). |
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Filing 2
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 Judge David N. Hurd on January 2, 2020. (Copy served via regular mail along with a blank IFP Application and blank Inmate Authorization Form). (rep)
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| Filing 1 COMPLAINT WITH JURY DEMAND: Against Bauersfeld, Harold Graham, J. Perkins, and Van Fleet. Filed by Neb Morrow, III. {No Exhibit 11 was included with the submission}. (Attachments: #1 Exhibits 1 through 10, #2 Exhibits 12 through 27, #3 Cover Letter and Affidavit of Service, #4 Mailing Envelope)(rep) |
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