Birchall v. N.Y.S. Police Inv. Fortuna et al
| Timothy Birchall |
| Paul Gruner, Esq., N.Y.S. Police Inv. Fortuna, D. Holley Carnright, Majer Gold and Donald Williams |
| 9:2020cv01263 |
| October 14, 2020 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| David N Hurd |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 12 AMENDED COMPLAINT filed by Timothy Birchall. (Attachments: #1 cover letter, #2 envelope)(nas, ) |
Filing 11
DECISION AND ORDER: ORDERED that the Clerk of the Court is directed to annex Birchall's inmate account statements (Dkt. No. #10 ) to his in forma pauperis application (Dkt. No. #7 ). ORDERED that Birchall's in forma pauperis application (Dkt. No. #7 ) is GRANTED. ORDERED that if Birchall wishes to proceed with this action, he must file an Amended Complaint as set forth above within thirty (30) days from the date of the filing of this Decision and Order. ORDERED that if Birchall timely files an Amended Complaint, this matter be returned to the Court for further review. ORDERED that if Birchall 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 28 U.S.C. 1915A(b)(1)for failure to state a claim upon which relief may be granted and for failure to comply with this Decision and Order. In that event, the Clerk is directed to close this case. Signed by Judge David N. Hurd on 11/9/2020. {order served via regular mail on plaintiff}(nas)
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| Notification to Superintendent of Filing - Provided Superintendent at Shawangunk Correctional Facility with notice of instant action and a copy of Plaintiff's #8 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
| Filing 10 Prisoner Trust Fund Account Statement by Timothy Birchall. (nas, ) |
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Filing 9
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 Judge David N. Hurd on 10/23/2020. {text order served via regular mail on plaintiff}(nas)
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| Filing 8 INMATE AUTHORIZATION FORM by Timothy Birchall. (nas ) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis filed by Timothy Birchall.(nas, ) (Additional attachment(s) added on 11/9/2020: #1 account statement) (nas, ). |
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Filing 6
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that plaintiff's IFP application is DENIED as incomplete. ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action. 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. Signed by Judge David N. Hurd on 10/14/2020. {order and blank forms served via regular mail on plaintiff}(nas )
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| Filing 5 Case transferred in from District of New York Southern; Case Number 1:20-cv-08250. electronically transferred when case opened |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York. (sac) [Transferred from New York Southern on 10/14/2020.] |
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Filing 4
TRANSFER ORDER: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Northern District of New York. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes this case. The Court certifies, pursuant to 28 U.S.C 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Colleen McMahon on 10/6/2020) (sac) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/14/2020.]
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| Transmission to Office of the Clerk of Court. Transmitted re: #4 Transfer Order, to the Office of the Clerk of Court for processing. (sac) [Transferred from New York Southern on 10/14/2020.] |
| Mailed a copy of #4 Order, to Timothy Birchall, DIN No. 12-A-0098 at Shawangunk, 200 Quick Rd, Wallkill, NY 12589. (dsh) [Transferred from New York Southern on 10/14/2020.] |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(bcu) [Transferred from New York Southern on 10/14/2020.] |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Timothy Birchall..(rdz) [Transferred from New York Southern on 10/14/2020.] |
| Filing 2 COMPLAINT against D. Holley Carnright, Majer Gold, Paul Gruner, Esq, N.Y.S. Police Inv. Fortuna, Donald Williams. Document filed by Timothy Birchall..(rdz) [Transferred from New York Southern on 10/14/2020.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Timothy Birchall..(rdz) [Transferred from New York Southern on 10/14/2020.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 10/14/2020.] |
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