Sanchez v. Shanley et al
| Carlos Sanchez |
| Mr. Shanley, Mr. Neil Crystal and Ms. Montgomery |
| 9:2020cv00648 |
| June 10, 2020 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Glenn T Suddaby |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 3, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 Letter enclosing exhibits filed by Carlos Sanchez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Mailing envelope)(meb) |
| Filing 21 AMENDED COMPLAINT WITH JURY DEMAND filed by Carlos Sanchez. (Mailing envelope included)(meb) |
| Filing 20 Letter Request for court assistance filed by Carlos Sanchez. (Mailing envelope included) (meb) |
| Filing 19 Letter in support of the #13 Motion to Amend filed by Carlos Sanchez. (Mailing envelope included) (meb) |
Filing 18
DECISION AND ORDER: It is hereby ORDERED that plaintiff's IFP Application (Dkt. No. #5 ) is GRANTED; and it is further ORDERED that plaintiff's Second IFP Application (Dkt. No. #10 ) is DENIED as unnecessary; and it is further ORDERED that the Clerk shall provide the superintendent of the facility, designated by plaintiff as his current location, with a copy of plaintiff's authorization form (Dkt. No. #2 ), and notify the official that this action has been filed and that plaintiff is required to pay the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. 1915; and it is further ORDERED that the Clerk shall provide a copy of plaintiff's authorization form (Dkt. No. #2 ) to the Financial Deputy of the Clerk's Office; and it is further ORDERED that plaintiff's Motion to Amend his complaint (Dkt. No. #13 ) is DENIED as set forth above; and it is further ORDERED that plaintiff's Section 1983 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 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 First Letter Motion for Injunctive Relief (Dkt. No. #11 ) and Second Letter Motion for Injunctive Relief (Dkt. No. #12 ) are DENIED as moot and without prejudice to renew in accordance with the terms of this Decision and Order. (Notice of Compliance Deadline 8/26/2020, Case Review Deadline 9/25/2020). Signed by Chief Judge Glenn T. Suddaby on 7/27/2020. (Copy served via regular mail)(meb)
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| Notification to Superintendent of Filing - Provided Superintendent at Coxsackie Correctional Facility with notice of instant action and a copy of Plaintiff's #2 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb, ) |
| Filing 17 Letter in support of the #13 Motion to Amend filed by Carlos Sanchez. (Mailing envelope included) (meb) |
| Filing 16 Letter regarding the #11 Letter Motion and requesting a copy of the docket sheet. (Mailing envelope included) [A copy of the docket sheet is being sent to plaintiff via regular mail.] (meb) |
| Filing 15 Letter in support of the #11 Letter Motion filed by Carlos Sanchez. (Mailing envelope included) (meb) |
| Filing 14 Letter enclosing correspondence filed by Carlos Sanchez. (Mailing envelope included) (meb) |
| Filing 13 MOTION TO AMEND the #1 Complaint, filed by Carlos Sanchez. {Mailing envelope attached}. (rep). (Additional attachment(s) added on 7/6/2020: #1 Proposed Amended Complaint, #2 Mailing Envelope) (rep, ). (Main Document 13 replaced on 7/6/2020) (rep, ). |
| Filing 12 LETTER: Filed by Carlos Sanchez, dated June 27, 2020, regarding his mail and in support of the #11 Letter Motion. {Exhibits and Mailing Envelope attached}. (rep) |
| Filing 11 LETTER MOTION: Filed by Carlos Sanchez requesting a Court Order regarding his confinement. (Attachments: #1 Copy of Letter to Gov. Cuomo)(rep) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis filed by Carlos Sanchez.(meb) |
| Filing 9 Letter verifying that the court received his documents filed by Carlos Sanchez. (Mailing envelope included) [The Clerk notes that a docket sheet was sent to plaintiff via regular mail on 6/19/2020.] (meb) |
| Filing 8 Letter in support of the #1 Complaint filed by Carlos Sanchez. (Mailing envelope included) (meb) |
| Filing 7 Letter regarding the status of this case filed by Carlos Sanchez. (Mailing envelope included) [The Clerk is sending a docket sheet to plaintiff via regular mail.] (meb) |
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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 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 June 16, 2020. (Copy served via regular mail on plaintiff).(rep)
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| Filing 5 MOTION: for Leave to Proceed in forma pauperis, filed by Carlos Sanchez. {Mailing envelope attached}.(rep) |
| Filing 4 LETTER: Filed by Carlos Sanchez, dated June 9, 2020, requesting a copy of his #1 Complaint. {Copy of the Complaint is being sent to the plaintiff via regular mail}. (rep) |
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Filing 3
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. 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 herewith, the Clerk shall reopen this 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 is directed to serve a copy of this Order on plaintiff along with a blank IFP application. Signed by Chief Judge Glenn T. Suddaby on 6/11/2020. (Copy served upon the Plaintiff by regular mail). (sal )
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| Filing 2 INMATE AUTHORIZATION FORM filed by Carlos Sanchez. (meb) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Neil Crystal, Montgomery, Shanley filed by Carlos Sanchez. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Mailing envelope)(meb) |
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