Munnerlyn v. Great Meadow Correctional Facility
| Donald Munnerlyn |
| Great Meadow Correctional Facility |
| 9:2020cv00522 |
| May 8, 2020 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Glenn T Suddaby |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on August 13, 2020. A more recent docket listing may be available from PACER.
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Filing 7
DECISION AND ORDER: ORDERED that #5 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that plaintiff's Section 1983 claim for monetary relief against Great Meadow Correctional Facility 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 for failure to state a claim upon which relief may be granted. ORDERED that if plaintiff wishes to proceed with this action, he must file an amended complaint as directed above within thirty (30) days from the 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 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 U.S.C. 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 Chief Judge Glenn T. Suddaby on 6/9/2020. {order served via regular mail on plaintiff}(nas)
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| Set Deadlines/Hearings: Notice of Compliance Deadline 7/9/2020 Case Review Deadline 8/10/2020 (nas, ) |
| Notification to Superintendent of Filing - Provided Superintendent at Great Meadow Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
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Filing 6
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 Chief Judge Glenn T. Suddaby on 5/26/2020. {text order served via regular mail on plaintiff}(nas)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Donald Munnerlyn. (Attachments: #1 account statement, #2 cover letter; envelope) (nas, ) |
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Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. Plaintiff's #2 IFP application is DENIED as incomplete. Because this action was not properly commenced, the Clerk is directed to administratively close this action. 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. Upon plaintiff's compliance with this Order, the Clerk shall reopen the action and forward it to the Court for review. In accordance with the Rule 10.1(c)(2) of the Court's Local Rules, plaintiff shall promptly notify the Clerk's Office and all parties or their counsel, in writing, of any change in his address. Plaintiff's failure to do so may result in the dismissal of this action. The Clerk shall serve a copy of this Order on plaintiff along with ablank IFP application. Signed by Chief Judge Glenn T. Suddaby on 5/11/2020. (Copy served, together with IFP Application, upon Plaintiff via regular mail).(sal)
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| Filing 3 INMATE AUTHORIZATION FORM by Donald Munnerlyn. (nas, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Donald Munnerlyn.(nas, ) |
| Filing 1 COMPLAINT against Great Meadow Correctional Facility filed by Donald Munnerlyn. (Attachments: #1 envelope)(nas, ) |
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| Defendant: Great Meadow Correctional Facility | |
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| Plaintiff: Donald Munnerlyn | |
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