Kirtone v. Niznik et al
| Delano Kirtone and Delano Kirton |
| Shaw, Bartlett, Mack, Marsh, Niznik, Warner and Bartlet |
| 9:2020cv01285 |
| October 19, 2020 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Glenn T Suddaby |
| 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 December 15, 2020. A more recent docket listing may be available from PACER.
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| Filing 9 DECISION AND ORDER: ORDERED that #5 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that plaintiff's complaint (Dkt. No. 1) is ACCEPTED for filing in its entirety. ORDERED that the Clerk of the Court shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon defendants Niznik, Bartlet, Warner, Mack, Marsh, and Shaw. The Clerk shall forward a copy of the summonses and complaint by mail to the Office of the New York State Attorney General,together with a copy of this Decision and Order. ORDERED that plaintiff's request for the appointment of pro bono counsel to represent him in this action (Dkt. No. 1) is DENIED without prejudice. Signed by US Magistrate Judge Andrew T. Baxter on 12/15/2020. {order served via regular mail on plaintiff}(nas ) |
| Notification to Superintendent of Filing - Provided Superintendent at Sing Sing Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
| Filing 8 Letter from the Court to plaintiff regarding status. Updated copy of docket sheet provided. (nas, ) |
| Filing 7 NOTICE of Change of Address by Delano Kirtone Effective Date 11/21/2020 Old Address: Upstate Correctional Facility New Address: Sing Sing Correctional Facility and inquiry as to status and request for forms. (nas, ) |
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 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 Chief Judge Glenn T. Suddaby on 11/2/2020. {text order served via regular mail on plaintiff}(nas, )
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| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Delano Kirtone.(nas, ) |
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Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. Plaintiff's IFP application is DENIED as incomplete. 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 with this Order, the Clerk shall reopen the 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 shall serve a copy of this Order on plaintiff along with a blank IFP application. Signed by Chief Judge Glenn T. Suddaby on 10/21/2020. (Served plaintiff with copy of order and blank IFP form).(sal)
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| Filing 3 INMATE AUTHORIZATION FORM by Delano Kirtone. (nas, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Delano Kirtone.(nas, ) |
| Filing 1 COMPLAINT against Bartlet, Mack, Marsh, Niznik, Shaw, Warner and REQUEST FOR APPOINTMENT OF COUNSEL filed by Delano Kirtone. (Attachments: #1 cover letter; civil cover sheet, #2 envelope)(nas, ) |
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