Miller v. Harper et al
| Robert Miller |
| Superintendent Harper and Anthony Anucci |
| 9:2020cv00730 |
| July 1, 2020 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Gary L Sharpe |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 29, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Set Deadlines: Notice of Compliance Deadline 8/27/2020, Case Review Deadline 9/28/2020. (meb) |
| Notification to Superintendent of Filing - Provided Superintendent at Mid-State Correctional Facility with notice of instant action and a copy of Plaintiff's #2 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb, ) |
Filing 6
DECISION AND ORDER: It is hereby ORDERED that plaintiff's IFP application (Dkt. No. #4 ) is GRANTED. The Clerk shall provide the superintendent of the prison facility in which plaintiff is currently confined, with a copy of plaintiff's inmate 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 inmate authorization form (Dkt. No. #2 ) to the Financial Deputy of the Clerk's Office; and it is further ORDERED that plaintiff's complaint (Dkt. No. #1 ) is DISMISSED without prejudice for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) and 28 U.S.C. 1915A(b)(1); and it is further ORDERED that, in the event plaintiff fails to file an amended complaint within thirty (30) days of the date of this Decision and Order, the Clerk shall enter judgment dismissing the action without prejudice without further order of the Court; and it is further ORDERED that, if plaintiff files an amended complaint, the Clerk shall return the action to the Court for further review pursuant to 28 U.S.C. 1915 and 28 U.S.C. 1915A. Signed by Senior Judge Gary L. Sharpe on 7/28/2020. (Copy served via regular mail)(meb)
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Filing 5
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 Senior Judge Gary L. Sharpe on 7/17/2020. (Copy served via regular mail)(meb)
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| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Robert Miller.(meb) |
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Filing 3
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, 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. Signed by Senior Judge Gary L. Sharpe on 7/7/2020. (Copy served via regular mail, along with blank forms)(meb)
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| Filing 2 INMATE AUTHORIZATION FORM: Filed by Robert Miller. (rep) |
| Filing 1 COMPLAINT WITH JURY DEMAND: Against Anthony Anucci and Harper, filed by Robert Miller. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Mailing Envelope)(rep) |
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