Carter v. New York State Correctional Officer McPherson
Plaintiff: David Carter
Defendant: New York State Correctional Officer McPherson
Case Number: 9:2020cv00491
Filed: May 1, 2020
Court: US District Court for the Northern District of New York
Office: Prisoner Office
Presiding Judge: Christian F Hummel
Referring Judge: Thomas J McAvoy
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: None
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Docket Report

This docket was last retrieved on October 7, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 24, 2020 Opinion or Order Filing 23 FOLLOW UP REQUEST FOR A TEMPORARY RESTRAINING ORDER: Filed by David Carter, dated June 18, 2020. {Mailing envelope attached}. (rep)
June 15, 2020 Opinion or Order Filing 22 LETTER: Filed by David Carter, dated May 18, 2020, in support of his #21 Request for a Temporary Restraining Order. (rep)
June 1, 2020 Opinion or Order Filing 21 LETTER MOTION: Filed by David Carter requesting temporary restraining order. (rep)
June 1, 2020 Opinion or Order Filing 20 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 June 1, 2020. (Copy served via regular mail)(rep)
May 29, 2020 Opinion or Order Filing 19 INMATE AUTHORIZATION FORM: Filed by David Carter. (rep)
May 29, 2020 Opinion or Order Filing 18 MOTION: For Leave to Proceed in forma pauperis, filed by David Carter.(rep)
May 26, 2020 Opinion or Order Pursuant to Plaintiff's #17 Letter, the clerk is sending him another blank IFP Application and Inmate Authorization Form to him via regular mail. (rep)
May 22, 2020 Opinion or Order Filing 17 LETTER: Filed by David Carter, dated May 19, 2020, regarding his IFP Application and Inmate Authorization form. {Mailing envelope attached}. (rep)
May 15, 2020 Opinion or Order Filing 16 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, 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, in the event plaintiff chooses to file an IFP application, it must be accompanied by a signed inmate authorization form in accordance with the Court's Local Rules; and it is further ORDERED that, upon plaintiff's compliance herewith, the Clerk shall reopen this action and forward it to the Court for review; and it is further ORDERED that the Clerk serve a copy of this Order on plaintiff along with a blank IFP application and blank inmate authorization form. Signed by Senior Judge Thomas J. McAvoy on May 15, 2020. (Copy served via regular mail on plaintiff along with a blank IFP Application and blank Inmate Authorization Form)(rep)
May 1, 2020 Opinion or Order Filing 15 Case transferred in from District of New York Eastern; Case Number 1:20-cv-00278. electronically transferred when case opened
May 1, 2020 Opinion or Order Case transferred to District of Northern New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (C/mailed #14 Order). (Ramesar, Thameera) [Transferred from New York Eastern on 5/1/2020.]
April 30, 2020 Opinion or Order Filing 14 MEMORANDAUM AND ORDER: Pursuant to 28 U.S.C. 1404(a), transfer of this action is appropriate. See attached Memorandum and Order for details. The Clerk of Court is hereby directed to transfer this action to the United States District Court for the Northern District of New York. 28 U.S.C. 1391(b); 1404(a). No summons shall issue from this Court. The Court notes that Plaintiff failed to sign the complaint, to file a request to proceed in forma pauperis and to submit a Prison Litigation Reform Act authorization form. The Court waives Rule 83.1 of the Local Rules of the Eastern District of New York, which requires a seven-day delay before effectuating the transfer. The Clerk of Court is respectfully requested to mail a copy of the attached Memorandum and Order to the pro se Plaintiff. Ordered by Judge LaShann DeArcy Hall on 4/30/2020. (Williams, Erica) [Transferred from New York Eastern on 5/1/2020.]
April 17, 2020 Opinion or Order Filing 13 Letter dated April 10, 2020 from David Carter to Judge DeArcy Hall requesting withdrawal of Temporary Restraining Order request. (Ramesar, Thameera) [Transferred from New York Eastern on 5/1/2020.]
April 10, 2020 Opinion or Order Filing 12 Letter dated 3/25/2020 from David Carter to Judge DeArcy Hall in regards to follow up as to Temporary Restraining Order. (Ramesar, Thameera) [Transferred from New York Eastern on 5/1/2020.]
April 10, 2020 Opinion or Order Filing 11 Letter (Second) dated 3/29/2020 from David Carter to Judge DeArcy Hall in regards to Temporary Restraining Order follow-up. (Ramesar, Thameera) [Transferred from New York Eastern on 5/1/2020.]
April 1, 2020 Opinion or Order Filing 10 Letter dated 3/25/2020 from David Carter to Judge DeArcy Hall in regards to Temporary Restraining Order follow-up. (Ramesar, Thameera) [Transferred from New York Eastern on 5/1/2020.]
March 20, 2020 Opinion or Order ORDER: Plaintiff's Motion to Compel #7 is respectfully referred to Magistrate Judge Bloom. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff. Ordered by Judge LaShann DeArcy Hall on 3/20/2020. (Williams, Erica) [Transferred from New York Eastern on 5/1/2020.]
March 19, 2020 Opinion or Order Filing 9 Letter dated 3/13/2020 from David Carter to Judge DeArcy Hall in regards to Temporary Restraining Order follow-up. (Ramesar, Thameera) [Transferred from New York Eastern on 5/1/2020.]
March 16, 2020 Opinion or Order Filing 8 Letter dated March 12, 2020 from David Carter to Judge DeArcy Hall, advising that the decision regarding the preliminary injuntive relief sought was received on March 9th or March 10, 2020. (Ramesar, Thameera) [Transferred from New York Eastern on 5/1/2020.]
March 16, 2020 Opinion or Order Filing 7 NOTICE of Motion to Compel in regards to Response filed by David Carter. (Ramesar, Thameera) [Transferred from New York Eastern on 5/1/2020.]
March 9, 2020 Opinion or Order Filing 6 Letter dated 3/3/2020 from David Carter to Pro Se office regarding resuming mail outs. (Ramesar, Thameera) [Transferred from New York Eastern on 5/1/2020.]
March 4, 2020 Opinion or Order ORDER: The Court is in receipt of Plaintiff's motion for a preliminary injunction seeking transfer to another institution #2 and Plaintiff's letter #3 regarding the same. The Court lacks authority to grant Plaintiff the relief he seeks. See United States v. Williams, 65 F.3d 301, 307 (2d Cir. 1995) ("[A district court] has no authority to order that a convicted defendant be confined in a particular facility... those decisions are within the sole discretion of the Bureau of Prisons."); 18 U.S.C. 3621(b) ("The Bureau of Prisons shall designate the place of the prisoner's imprisonment...."). Plaintiff's motion #2 is DENIED. The Clerk of the Court is respectfully requested to serve a copy of this Order on the pro se Plaintiff. Ordered by Judge LaShann DeArcy Hall on 3/4/2020. (Williams, Erica) [Transferred from New York Eastern on 5/1/2020.]
February 28, 2020 Opinion or Order Filing 5 Letter dated 2/21/2020 to Judge DeArcy Hall from David Carter regarding his T.R.O. follow up request. See letter for details. (Tavarez, Jennifer) [Transferred from New York Eastern on 5/1/2020.]
February 28, 2020 Opinion or Order Filing 4 Letter dated 2/20/2020 to Judge DeArcy Hall from David Carter following up on his request for a Temporary Restraining Order. Pro se Plaintiff also requests for Court ordered televisions in order to prevent suicides in prison. (See letter for details) (Tavarez, Jennifer) [Transferred from New York Eastern on 5/1/2020.]
February 20, 2020 Opinion or Order Filing 3 Letter dated 2/17/2020 from David Carter to Judge DeArcy Hall regarding a transfer request, facility change. (See letter for details.) (Ramesar, Thameera) [Transferred from New York Eastern on 5/1/2020.]
February 20, 2020 Opinion or Order Filing 2 NOTICE of Motion for Temporary Restraining Order filed by David Carter. (Ramesar, Thameera) [Transferred from New York Eastern on 5/1/2020.]
January 15, 2020 Opinion or Order Filing 1 COMPLAINT against New York State Correctional Officer McPherson, filed by David Carter. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) [Transferred from New York Eastern on 5/1/2020.]

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Plaintiff: David Carter
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Defendant: New York State Correctional Officer McPherson
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