Patterson v. The People Of The State Of New York et al
| Ralph A. Patterson |
| Broome County Courthouse, City of Binghamton Police Department, Broome County District Attorney's Office and The People of the State of New York |
| 9:2020cv01365 |
| November 3, 2020 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Therese Wiley Dancks |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 11 DECISION AND ORDER: ORDERED that #6 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that plaintiff is granted leave to file an amended complaint to assert claims under 42 U.S.C. 1983 as set forth above within 30 days of the date of this Decision and Order. ORDERED that, upon the filing of an amended complaint as directed, the Clerk shall return the file to this Court for further review. ORDERED that, in the event plaintiff fails to file a signed amended complaint within 30 days of the date of this Decision and Order, the Clerk shall enter judgment dismissing this action without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) and 28 U.S.C. 1915A(b)(1) without further Order of the Court in light of the complaint's failure to state aclaim upon which relief can be granted. ORDERED that plaintiff's motion for summary judgment (Dkt. No. #8 ) is DENIED without prejudice as premature. Signed by U.S. District Judge Mae A. D'Agostino on 12/22/2020. {order served via regular mail on plaintiff}(nas) |
| Notification to Superintendent of Filing - Provided Superintendent at Gowanda Correctional Facility with notice of instant action and a copy of Plaintiff's #7 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
| Filing 10 AFFIDAVIT OF SERVICE for #8 MOTION for Summary Judgment by Ralph A. Patterson. (nas ) |
| 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 U.S. District Judge Mae A. D'Agostino on 11/24/2020. {text order served via regular mail on plaintiff}(nas, ) |
| Filing 8 MOTION for Summary Judgment filed by Ralph A. Patterson. (Attachments: #1 Affidavit, #2 Memorandum of Law, #3 Appendix, #4 Appendix, #5 Appendix, #6 Appendix, #7 affidavit of service, #8 cover letter) (nas, ) |
| Filing 7 INMATE AUTHORIZATION FORM by Ralph A. Patterson. (nas, ) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis filed by Ralph A. Patterson. (Attachments: #1 envelope)(nas, ) |
Filing 5
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 U.S. District Judge Mae A. D'Agostino on 11/5/2020. (Copy served via regular mail, along with blank forms)(meb)
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| Filing 4 Case transferred in from District of New York Western; Case Number 6:20-cv-06791. electronically transferred when case opened |
| Mailed a copy of #3 order to Ralph A. Patterson (TF) [Transferred from New York Western on 11/4/2020.] |
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Filing 3
ORDER that this matter is transferred to the United States District Court for the Northern District of New York. Signed by Hon. Frank P. Geraci, Jr. on 10/30/2020. (TF) [Transferred from New York Western on 11/4/2020.]
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Ralph A. Patterson.(TF) [Transferred from New York Western on 11/4/2020.] |
| Filing 1 COMPLAINT against Broome County Courthouse, Broome County District Attorney's Office, City of Binghamton Police Department, The People Of The State Of New York, filed by Ralph A. Patterson. (Attachments: #1 envelope)(TF) [Transferred from New York Western on 11/4/2020.] |
| 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. Prisoner Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline mailed to plaintiff. (TF) [Transferred from New York Western on 11/4/2020.] |
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