Elleby v. United States et al
Plaintiff: Taye Elleby
Defendant: John Doe Sergeant, Walker, United States, John Doe Corrections Officer and Commissioner of Correctional Services
Case Number: 9:2020cv00998
Filed: August 28, 2020
Court: US District Court for the Northern District of New York
Presiding Judge: Therese Wiley Dancks
Referring Judge: Gary L Sharpe
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 19, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 19, 2020 Filing 12 Letter objecting to the denial of IFP in the #10 Decision and Order filed by Taye Elleby. (Mailing envelope included) (meb)
October 19, 2020 Filing 11 AMENDED COMPLAINT filed by Taye Elleby. (Mailing envelope included)(meb)
October 8, 2020 Opinion or Order Filing 10 DECISION AND ORDER: It is hereby ORDERED that plaintiff's IFP Application (Dkt. No. #6 ) is DENIED pursuant to 28 U.S.C. 1915(g) because plaintiff has three "strikes" and is not entitled to the "imminent danger" exception; and it is further ORDERED that this action shall be DISMISSED unless, within thirty (30) days of the date of this Decision and Order, plaintiff either (i) pays the Court's filing fee of $400.00 in full, or (ii) files an amended complaint demonstrating that he faced an "imminent danger of serious physical injury" from the defendants when he commenced this action; and it is further ORDERED that, upon plaintiff's compliance with this Decision and Order, the Clerk of the Court shall return the file to this Court for review; and it is further ORDERED that, if plaintiff fails to timely comply with this Decision and Order, the Clerk of the Court is directed to enter judgment dismissing this action, without prejudice, without further order of this Court; and it is further ORDERED that plaintiff's Motion for Counsel (Dkt. No. #3 ) is DENIED without prejudice. Signed by Senior Judge Gary L. Sharpe on 10/8/2020. (Copy served via regular mail)(meb)
October 8, 2020 Set Deadlines: Notice of Compliance Deadline 11/9/2020, Case Review Deadline 12/8/2020. (meb)
September 22, 2020 Filing 9 Letter requesting a copy of the complaint filed by Taye Elleby. (Mailing envelope included) (meb) Modified on 9/22/2020 to note that the clerk is sending a copy of the complaint to plainitff via regular mail (meb).
September 14, 2020 Opinion or Order Filing 8 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 9/14/2020. (Copy served via regular mail)(meb)
September 14, 2020 Filing 7 INMATE AUTHORIZATION FORM filed by Taye Elleby. (meb)
September 14, 2020 Filing 6 MOTION for Leave to Proceed in forma pauperis filed by Taye Elleby.(meb)
September 10, 2020 Filing 5 NOTICE of Change of Address and request for a new copy of the #4 Order filed by Taye Elleby. Old Address: Washington Correctional Facility. New Address: Cape Vincent Correctional Facility. (Mailing envelope included) [The Clerk has sent a copy of the #4 Order and a blank IFP and authorization to plaintiff at his new address.] (meb)
August 28, 2020 Opinion or Order Filing 4 ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: It is hereby ORDERED that plaintiff's IFP application is DENIED as incomplete; and it is further 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, (1) either (a) pay the $400.00 filing fee in full, or (b) submit a completed and signed IFP application; AND (2) submit a completed and signed inmate authorization form; and it is further ORDERED that, upon plaintiff's compliance with this Order, the Clerk shall reopen the action and forward it to the Court for review; and it is further ORDERED that the Clerk shall serve a copy of this Order on plaintiff along with a blank IFP application and a blank inmate authorization form. Signed by Senior Judge Gary L. Sharpe on 8/28/2020. (Copy served via regular mail, along with blank forms)(meb)
August 28, 2020 Filing 3 MOTION to Appoint Counsel filed by Taye Elleby.(meb)
August 28, 2020 Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Taye Elleby. (Attachments: #1 Proposed Summons)(meb)
August 28, 2020 Filing 1 COMPLAINT WITH JURY DEMAND against Commissioner of Correctional Services, John Doe Corrections Officer, John Doe Sergeant, United States, Walker filed by Taye Elleby.(meb)

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Defendant: John Doe Sergeant
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Defendant: Walker
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Defendant: United States
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Defendant: John Doe Corrections Officer
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Defendant: Commissioner of Correctional Services
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Plaintiff: Taye Elleby
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