Borges v. Schenectady County Jail et al
| Angel Borges |
| Jane Doe, An employee of Corr. Med. Inc., Schenectady County Jail, Schenectady County Jail Medical Services, John Doe 1-4, Jane Doe 1-4 and John Doe |
| 9:2020cv00245 |
| March 5, 2020 |
| US District Court for the Northern District of New York |
| Lawrence E Kahn |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 10
DECISION AND ORDER: ORDERED that #7 Motion for Leave to Proceed in forma pauperis is granted. ORDERED, that the claims against Schenectady County Jail are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A(b) for failure to state a claim upon which relief can be granted. ORDERED, that the claims against the Unnamed Defendants are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A(b) for failure to state a claim upon which relief can be granted. ORDERED, that if Plaintiff wishes to proceed with this action, he must file an amended complaint as directed above within thirty days of filing date of this Decision and Order. ORDERED, that if Plaintiff timely files an amended complaint, this matter be returned to the Court for further review. ORDERED, that if Plaintiff fails to timely file an amended complaint as directed, the Clerk shall enter judgment without further order of this Court indicating that this action is DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 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 Lawrence E. Kahn on 4/29/2020. {order served via regular mail on plaintiff}(nas)
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| Set Deadlines/Hearings: Notice of Compliance Deadline 5/29/2020 Case Review Deadline 6/29/2020 (nas, ) |
| Notification to Superintendent of Filing - Provided Superintendent at Washington Correctional Facility with notice of instant action and a copy of Plaintiff's #8 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
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Filing 9
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 Lawrence E. Kahn on 3/31/2020. {text order served via regular mail on plaintiff}(nas)
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| Filing 8 INMATE AUTHORIZATION FORM by Angel Borges. (nas, ) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis filed by Angel Borges. (nas, ) |
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Filing 6
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, (1) either (a) pay the $400.00 filing fee in full, or (b) submit a completed and signed IFP application; AND (2) submit a completed and signed inmate authorization form; and it is further ORDERED that, upon plaintiff's compliance with this Order, the Clerk shall reopen the action and forward it to the Court for review; and it is further ORDERED that the Clerk shall serve a copy of this Order on plaintiff along with a blank IFP application and a blank inmate authorization form. Signed by Senior Judge Lawrence E. Kahn on March 9, 2020. (Copy served via regular mail along with a blank IFP Application and blank Inmate Authorization Form).(rep)
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| Filing 5 Case transferred in from District of New York Southern; Case Number 1:20-cv-01685. electronically transferred when case opened |
| Mailed a copy of #4 Order, to Angel Borges DIN No. 19A4381 Washington Correctional Facility 72 Lock 11 Lane P.O. Box 180 Comstock, NY 12821-0180. (aea) [Transferred from New York Southern on 3/5/2020.] |
| 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 3/5/2020.] |
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Filing 4
TRANSFER ORDER. The Court directs the Clerk of Court to mail a copy of this order to Plaintiff and note service on the docket. The Court further directs the Clerk of Court to transfer this action to the United States District Court for the Northern District of New York. Whether Plaintiff 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 2/27/2020) (rjm) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 3/5/2020.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(bcu) [Transferred from New York Southern on 3/5/2020.] |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Angel Borges. (sac) [Transferred from New York Southern on 3/5/2020.] |
| Filing 2 COMPLAINT against An employee of Corr. Med. Inc., Jane Doe, John Doe, Jane Doe 1-4, John Doe 1-4, Schenectady County Jail, Schenectady County Jail Medical Services. Document filed by Angel Borges. (sac) [Transferred from New York Southern on 3/5/2020.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Angel Borges. (sac) [Transferred from New York Southern on 3/5/2020.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 3/5/2020.] |
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