Kielly v. Fitzpatrick
| Sara Kielly |
| William Fitzpatrick and Anthony Annucci |
| 9:2020cv00148 |
| February 12, 2020 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Thomas J McAvoy |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 20, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 Prisoner Trust Fund Account Statement received from Sullivan Correctional Facility. (Mailing envelope included) (meb) |
| Filing 19 Letter regarding judgment filed by Sara Kielly. (Mailing envelope included) (meb) |
| Filing 18 JUDGMENT: IT IS ORDERED AND ADJUDGED, that this action is dismissed without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) and 28 U.S.C. 1915A(b)(1) as directed by the April 10, 2020 #12 Decision and Order and the June 16, 2020 #17 Text Order of Senior Judge Thomas J. McAvoy. (Copy served via regular mail) (meb) |
Filing 17
TEXT ORDER: On May 14, 2020, the Court of Appeals for the Second Circuit issued a Mandate granting Plaintiff's motion to withdraw her appeal. Dkt. No. #16 . Accordingly, the Clerk of the Court is directed to issue Judgment and close this case pursuant to this Court's Decision and Order filed on April 10, 2020. Authorized by Senior Judge Thomas J. McAvoy on 6/16/2020. (Copy served via regular mail)(meb)
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| Filing 16 MANDATE of USCA granting the motion to withdraw the #8 Notice of Interlocutory Appeal filed by Sara Kielly. [Mandate Issued on 5/14/2020] (meb) |
| Filing 15 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals regarding the #14 Notice of Interlocutory Appeal. (meb) |
| Filing 14 NOTICE OF INTERLOCUTORY APPEAL as to the #12 Decision and Order filed by Sara Kielly. (Mailing envelope included) (meb) |
| Filing 13 Supplemental Electronic Certification transmitted to US Court of Appeals re #8 Notice of Interlocutory Appeal. (meb) |
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Filing 12
DECISION AND ORDER: It is hereby ORDERED that the Clerk of the Court shall amend the docket report in accordance with this Order. The Clerk of the Court is directed to add Annucci as a defendant herein; and it is further ORDERED that the Amended Complaint (Dkt. No. #11 ) fails to state a claim for the violation of Plaintiff's constitutional rights upon which this Court may grant relief and this action is therefore DISMISSED without prejudice in accordance with 28 U.S.C. 1915(e)(2)(B)(ii) and 28 U.S.C. 1915A(b)(1); and it is further ORDERED that Plaintiff's motion to seal and to amend the caption (Dkt. No. #7 ) is DENIED as moot. Signed by Senior Judge Thomas J. McAvoy on 4/10/2020. (Copy served via regular mail)(meb)
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| Filing 11 AMENDED COMPLAINT filed by Sara Kielly. (Attachments: #1 Exhibits, #2 Mailing envelope)(meb) |
| USCA Case Number 20-1066 for the #8 Notice of Interlocutory Appeal.(meb) |
| Filing 10 Prisoner Trust Fund Account Statement sent by Sullivan Correctional Facility. (Mailing envelope included) (meb) |
| Filing 9 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals regarding the #8 Notice of Interlocutory Appeal. (meb) |
| Filing 8 NOTICE OF INTERLOCUTORY APPEAL as to the #6 Decision and Order, filed by Sara Kielly. (Mailing envelope included) (meb) |
| Filing 7 MOTION to Seal and amend the caption filed by Sara Kielly. (Mailing envelope included)(meb) Modified on 4/7/2020 to note that this is also a motion to amend the caption. (meb). |
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Filing 6
DECISION AND ORDER: It is hereby ORDERED that Plaintiff's in forma pauperis application (Dkt. No. #3 ) is GRANTED; and it is further ORDERED that the Clerk provide the Superintendent of the facility, designated by Plaintiff as her current location, with a copy of Plaintiff's authorization form, 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; and it is further ORDERED that the Clerk of the Court provide a copy of Plaintiff's inmate authorization form to the Financial Deputy of the Clerk's Office; and it is further ORDERED that if Plaintiff wishes to proceed with this action, she must file an Amended Complaint as set forth above within thirty (30) days from the date of the filing of this Decision and Order; and it is further ORDERED that, if Plaintiff timely files an Amended Complaint, this matter be returned to the Court for further review; and it is further ORDERED that if Plaintiff fails to timely file an Amended Complaint as directed above, 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 28 U.S.C. 1915A(b)(1) for failure to state a claim upon which relief may be granted and for failure to comply with this Decision and Order. In that event, the Clerk is directed to close this case. Signed by Senior Judge Thomas J. McAvoy on 3/17/2020. (Copy served via regular mail)(meb)
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| Notification to Superintendent of Filing - Provided Superintendent at Sullivan Correctional Facility with notice of instant action and a copy of Plaintiff's #4 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb) |
| Filing 5 NOTICE of Change of Address filed by Sara Kielly. Effective Date 2/21/2020. Old Address: CNYPC. New Address: Sullivan Correctional Facility. (Mailing envelope included) (meb) |
| Filing 4 INMATE AUTHORIZATION FORM filed by Sara Kielly. (meb) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis filed by Sara Kielly.(meb) |
| Filing 2 Medical Record exhibits to the #1 complaint filed by Sara Kielly. (Attachments: #1 Medical record exhibits continued)(meb) |
| Filing 1 COMPLAINT WITH JURY DEMAND against William Fitzpatrick filed by Sara Kielly. (Attachments: #1 Civil Cover Sheet, #2 Mailing envelope)(meb) |
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