Wilson v. State of New York
| Arvel Wilson |
| State of New York, Thomas J. Loughren and Cape Vincent Correctional Facility |
| 9:2020cv00361 |
| March 31, 2020 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Thomas J McAvoy |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 16, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 14
MOTION FOR RECONSIDERATION: Of the #13 Order on Motion for Leave to Proceed in forma pauperis, filed by Arvel Wilson. {Mailing envelope attached}. (rep)
|
|
Notification to Superintendent of Filing - Provided Warden at Buffalo Federal Detention Facility with notice of instant action and a copy of Plaintiff's #11 Inmate Authorization Form. USDC/NYND Finance Dept notified. (rep)
|
|
Filing 13
DECISION AND ORDER: It is hereby ORDERED that plaintiff's in forma pauperis application (Dkt. No. #10 ) is GRANTED; and it is further ORDERED that the Clerk shall revise the docket to add Cape Vincent Correctional Facility and Thomas J. Loughren as defendants; and it is further ORDERED that plaintiff's Section claims against New York State, Cape Vincent Correctional Facility, and defendant Loughren in his official capacity are 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 and for failure to state a claim upon which relief may be granted; and it is further ORDERED that plaintiff's Section 1983 claim against defendant Loughren in his individual capacity is 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; and it is further ORDERED that if plaintiff wishes to proceed with this action he must file an amended complaint within thirty (30) days of the filing date of this Decision and Order as set forth above; and it is further ORDERED that upon the filing of an amended complaint as directed above, the Clerk shall return the file to this Court for further review; and it is further ORDERED that in the event plaintiff fails to file a signed amended complaint within thirty (30) days of the filing date of this Decision and Order, the Clerk shall enter judgment dismissing this action without prejudice due to plaintiff's failure to state a claim upon which relief can be granted and to comply with the terms of this Decision and Order, without further order of this Court; and it is further ORDERED that plaintiff's Preliminary Injunction Motion (Dkt. No. #6 ) is DENIED as moot and without prejudice to renew in accordance with the terms of this Decision and Order; and it is further ORDERED that the Clerk shall serve a copy of this Decision and Order on plaintiff. IT IS SO ORDERED. Signed by Senior Judge Thomas J. McAvoy on May 13, 2020.{Notice of Compliance Deadline 6/15/2020, Case Review Deadline 7/14/2020}; (Copy served via regular mail)(rep)
|
|
Filing 12
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 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 Thomas J. McAvoy on April 21, 2020. (Copy served via regular mail)(rep)
|
|
Filing 11
INMATE AUTHORIZATION FORM: Filed by Arvel Wilson. (rep)
|
|
Filing 10
MOTION for Leave to Proceed in forma pauperis, filed by Arvel Wilson.(rep)
|
|
Filing 9
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. It is hereby 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 and proceed with his IFP application, he must, within 30 days of the filing date of this Order, 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 this 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 inmate authorization form. Signed by Senior Judge Thomas J. McAvoy on April 1, 2020. (Copy served via regular mail on plaintiff along with a blank Inmate Authorization form).(rep)
|
| Filing 8 Case transferred in from District of New York Western; Case Number 1:19-cv-01144. electronically transferred when case opened |
|
Filing 7
ORDER transferring the case to the Northern District of New York. Signed by Hon. Elizabeth A. Wolford on 2/28/20. (SG) Copy mailed to plaintiff. [Transferred from New York Western on 3/31/2020.]
|
| Filing 6 Proposed Order to Show Cause by Arvel Wilson. (SG) [Transferred from New York Western on 3/31/2020.] |
| Filing 5 AFFIDAVIT by Arvel Wilson. (SG) [Transferred from New York Western on 3/31/2020.] |
| Filing 4 AFFIDAVIT of Support Amendment Complain by Arvel Wilson. (SG) [Transferred from New York Western on 3/31/2020.] |
| Filing 3 AFFIDAVIT in support of #1 Complaint by Arvel Wilson. (SG) [Transferred from New York Western on 3/31/2020.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Arvel Wilson.(KM) [Transferred from New York Western on 3/31/2020.] |
| Filing 1 COMPLAINT against State of New York, filed by Arvel Wilson. (Attachments: #1 Civil Cover Sheet)(KM) [Transferred from New York Western on 3/31/2020.] |
| Remark: Pro Se Packet mailed to Plaintiff which included: Privacy Notice, Consent to Proceed Before a Magistrate Judge, Civil Case Timeline. (KM) [Transferred from New York Western on 3/31/2020.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
