Pena v. The State of New York et al
| Jafry Pena |
| The State of New York, Capt. Norris, Mr. J. Corey and Mr. T. McCarthy |
| 9:2020cv00481 |
| April 29, 2020 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Thomas J McAvoy |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 7
DECISION AND ORDER: It is hereby ORDERED that the amended complaint (Dkt. No. #5 ) does not cure the pleading deficiencies identified in the May 2020 Order and is dismissed in accordance with 28 U.S.C. 1915(e)(2)(B)(ii) and 28 U.S.C. 1915A(b)(1) 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 with respect to the claims that were dismissed without prejudice, he must file a second amended complaint as directed within thirty (30) days from the filing date of this Decision and Order; and it is further ORDERED that, if plaintiff timely files a second amended complaint, this matter be returned to the Court for further review; and it is further ORDERED that if plaintiff fails to timely file a second 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) 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 upon the filing of plaintiff's second amended complaint this matter be returned to the Court for further review; and it is further ORDERED that the Clerk shall serve a copy of this Decision and Order on plaintiff. Signed by Senior Judge Thomas J. McAvoy on June 24, 2020. {Notice of Compliance Deadline 7/24/2020, Case Review Deadline 8/24/2020}. (Copy served via regular mail on plaintiff).(rep)
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Filing 6
Prisoner Trust Fund Account Statement as to Jafry Pena. {Mailing envelope attached}. (rep)
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Filing 5
AMENDED COMPLAINT WITH JURY DEMAND filed by Jafry Pena. (Attachments: #1 Mailing envelope)(meb)
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Filing 4
DECISION AND ORDER: It is hereby ORDERED that plaintiff's IFP Application (Dkt. No. #2 ) is GRANTED. It is ORDERED that plaintiff's Section 1983 claim against the State of New York 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; and it is further ORDERED that 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; and it is further ORDERED that 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; 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 pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) 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. Signed by Senior Judge Thomas J. McAvoy on May 27, 2020. (Copy served via regular mail)(rep)
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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. (rep)
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Set Deadlines: Notice of Compliance Deadline 6/29/2020; Case Review Deadline 7/27/2020. (rep)
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| Filing 3 INMATE AUTHORIZATION FORM: Filed by Jafry Pena. (rep) |
| Filing 2 MOTION: For Leave to Proceed in forma pauperis, filed by Jafry Pena. (Attachments: #1 Proposed Summons) (rep) |
| Filing 1 COMPLAINT: Against J. Corey, T. McCarthy, Norris, and The State of New York, filed by Jafry Pena. (Attachments: #1 Civil Cover Sheet, #2 Mailing Envelope)(rep) |
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