Jhagroo v. Doe et al
Ryan Jhagroo |
John Doe, Ms. Wells, Saheed and Ms. Reece |
9:2020cv01257 |
October 13, 2020 |
US District Court for the Northern District of New York |
Mae A D'Agostino |
Christian F Hummel |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
None |
Docket Report
This docket was last retrieved on February 4, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 8 DECISION AND ORDER: It is hereby ORDERED that plaintiff's IFP application (Dkt. No. #5 ) 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. #6 ), 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. #6 ) to the Financial Deputy of the Clerk's Office; and it is further ORDERED that plaintiff's complaint is 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, except that any plaintiff's official capacity claims against the named defendants are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(iii) and 28 U.S.C. 1915A(b)(2) as barred by the Eleventh Amendment; and it is further 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; and it is further ORDERED that, if plaintiff timely files an amended complaint, this matter be returned to the Court for further review; and it is further ORDERED that if plaintiff fails to timely file an amended complaint as directed above, 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 U.S. District Judge Mae A. D'Agostino on 11/25/2020. (Copy served via regular mail)(meb) |
Set Deadlines: Notice of Compliance Deadline 12/28/2020, Case Review Deadline 1/25/2021. (meb) |
Notification to Superintendent of Filing - Provided Superintendent at Collins Correctional Facility with notice of instant action and a copy of Plaintiff's #6 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb, ) |
Filing 7 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 U.S. District Judge Mae A. D'Agostino on October 27, 2020. (Copy served via regular mail on plaintiff)(rep) |
Filing 6 INMATE AUTHORIZATION FORM: Filed by Ryan Jhagroo. (rep) |
Filing 5 MOTION/CHANGE OF ADDRESS: Motion for Leave to Proceed in forma pauperis and Notice of Change of Address, filed by Ryan Jhagroo. {The clerk notes that the plaintiff is now at Collins Correctional Facility, his previous address was Mohawk Correctional Facility}. (rep) |
Filing 4 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 U.S. District Judge Mae A. D'Agostino on October 13, 2020. (Copy served via regular mail on plaintiff along with a blank IFP Application and blank Inmate Authorization Form) (rep) |
Filing 3 Case transferred in from District of New York Western; Case Number 6:20-cv-06419. electronically transferred when case opened |
Filing 2 ORDER transferring the matter to the Northern District of New York of the United States District Court. Signed by Hon. Charles J. Siragusa on 6/25/20. CLERK OF THE COURT IS DIRECTED TO MAIL A COPY OF THIS NEF AND ORDER TO PRO SE PLAINTIFF AT MOHAWK CORRECTIONAL.(KAP)-CLERK TO FOLLOW UP- [Transferred from New York Western on 10/13/2020.] |
Clerk mailed Order #2 with NEF to Plaintiff, Ryan Jhagroo on 6/24/2020. (LMD) [Transferred from New York Western on 10/13/2020.] |
Filing 1 COMPLAINT against All Defendants, filed by Ryan Jhagroo. (BK) [Transferred from New York Western on 10/13/2020.] |
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (BK) [Transferred from New York Western on 10/13/2020.] |
The Pro Se Packet including: the Privacy Notice, Consent to Proceed before a Magistrate Judge and the Civil Case Timeline have been mailed to the Plaintiff. (BK) [Transferred from New York Western on 10/13/2020.] |
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