Chambers v. New York State et al
| Lorenzo Chambers |
| Lt. Miller, New York State, CO D. Smith and Lt. D. Mason |
| 9:2020cv00128 |
| February 6, 2020 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 9 AMENDED COMPLAINT filed by Lorenzo Chambers. (Attachments: #1 Cover letter and mailing envelope)(meb) |
| Filing 8 Prisoner Trust Fund Account Statement sent by Auburn Correctional Facility. (Mailing envelope included) (meb) |
Filing 7
DECISION AND ORDER: It is ORDERED that 1. Plaintiff's IFP Application (Dkt. No. #5 ) is GRANTED; 2. The Clerk shall provide the superintendent of the facility, designated by plaintiff as his current location, with a copy of plaintiff's authorization form (Dkt. No. #3 ), and notify the official that this action has been filed and that plaintiff is required to pay the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. 1915; 3. The Clerk shall provide a copy of plaintiff's authorization form (Dkt. No. #3 ) to the Financial Deputy of the Clerk's Office; 4. Plaintiff's Section 1983 claim against New York State is DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) as barred by the Eleventh Amendment; 5. All remaining 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; 6. If plaintiff wishes to proceed with this action he must file an amended complaint as set forth above within thirty (30) days of the filing date of this Decision and Order; 7. Upon the filing of an amended complaint as directed above, the Clerk shall return the file to this Court for further review. Signed by Judge David N. Hurd on 3/12/2020. (Copy served via regular mail)(meb)
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| Notification to Superintendent of Filing - Provided Superintendent at Auburn Correctional Facility with notice of instant action and a copy of Plaintiff's #3 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 2/24/2020. (Copy served via regular mail)(meb)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Lorenzo Chambers.(meb) |
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Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: It is hereby ORDERED that plaintiff's IFP application is DENIED as incomplete; and it is further 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 the Clerk shall serve a copy of this Order on plaintiff along with a blank IFP application. Signed by Judge David N. Hurd on 2/6/2020. (Copy served via regular mail, along with blank forms)(meb) Modified on 2/10/2020 to correct the file date (meb).
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| Filing 3 INMATE AUTHORIZATION FORM filed by Lorenzo Chambers. (meb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Lorenzo Chambers.(meb) |
| Filing 1 COMPLAINT WITH JURY DEMAND against D. Mason, Miller, New York State, D. Smith filed by Lorenzo Chambers. (Attachments: #1 Civil Cover Sheet, #2 Cover letter and mailing envelope)(meb) |
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