Mitchell et al v. Cuomo et al
| Ismael G. Reyes, Ishmael Reyes, Gyvon Roberts and Dontie S. Mitchell |
| C.O. Jane Doe #1, C.O. Mead, C.O. John Doe #3, C.O. Z, C.O. Brown, SORC Colbert, Patrick D. Reardon, Anthony J. Annucci, C.O. Smallbone, C.O. John Doe #1, Andrew M. Cuomo, C.O. John Doe #2 and C.O. Barshaw |
| 9:2020cv01407 |
| November 16, 2020 |
| US District Court for the Northern District of New York |
| Thomas J McAvoy |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42:1983 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 11, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Notification to Superintendent of Filing - Provided Superintendent at Upstate Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (rep) |
| Set Deadlines: Notice of Compliance Deadline 2/11/2021; Case Review Deadline 3/11/2021. (rep) |
Filing 9
DECISION AND ORDER: It is hereby ORDERED that Mitchell's IFP Application (Dkt. No. #2 ) is DENIED as moot; and it is further ORDERED that Mitchell's IFP Application (Dkt. No. #6 ) is GRANTED. It is further ORDERED that Reyes and Roberts must each, within thirty (30) days from the date of the filing of this Decision and Order (1) either (a) pay the Court's filing fee of four hundred and two dollars ($402.00) in full or (b) submit a completed, signed, and certified IFP Application and a signed inmate authorization form reflecting his consent to pay the $350.00 filing fee over time, in installments, and (2) execute and file an affidavit pursuant to Federal Rule of Civil Procedure 11; and it is further ORDERED that if, within the time period specified above, Reyes or Roberts, either fail to comply with the terms of this Decision and Order delineated above, each non-compliant party will be dismissed from this action without prejudice without further Order of this Court; and it is further ORDERED that the Clerk shall serve a copy of this Decision and Order on the plaintiffs consistent with the directives in the Order. The Clerk shall also serve a Rule 11 affidavit, IFP Application, and Inmate Authorization Form on Reyes and Roberts. Signed by Senior Judge Thomas J. McAvoy on January 11, 2021. (Attachments: #1 Rule 11 Affidavit for Plaintiff Reyes, #2 Rule 11 Affidavit for Plaintiff Roberts) (Copy served via regular mail on the plaintiffs as noted herein)(rep)
|
|
Filing 8
TEXT ORDER Re: #7 : Plaintiff's Letter Request for copies of the case docket and certain docket entries in this case, is granted insofar as the Clerk is directed to provide plaintiff with a page count and cost of obtaining the copies, instructions on the proper form of payment for said copies, and a copy of the docket sheet. Authorized by Magistrate Judge Daniel J. Stewart on December 14, 2020. (Copy served via regular mail on the plaintiff, along with a copy of the docket sheet indicating a page count for each document and a copy request form).(rep)
|
| Filing 7 LETTER MOTION/NOTICE OF CHANGE OF ADDRESS: Filed by Dontie S. Mitchell, dated December 8, 2020, requesting an estimate for the cost of documents. Plaintiff's old address was Marcy Correctional Facility. Plaintiff's new address is Upstate Correctional Facility. (rep) |
| Filing 6 MOTION: For Leave to Proceed in forma pauperis, filed by Dontie S. Mitchell. (Attachments: #1 Cover Letter and Mailing Envelope) (rep) |
| Filing 5 Letter in support of the #2 Motion for Leave to Proceed in forma pauperis and the #4 Motion for the appointment of pro bono class counsel filed by Dontie S. Mitchell. (Mailing envelope included) (meb) Modified on 11/25/2020 to correct a spelling error (meb). |
| Filing 4 MOTION: For the appointment of pro bono class counsel, filed by Dontie S. Mitchell. {Mailing envelope attached}. (rep) |
| Filing 3 INMATE AUTHORIZATION FORM: Filed by Dontie S. Mitchell. (rep) |
| Filing 2 MOTION: For Leave to Proceed in forma pauperis, filed by Dontie S. Mitchell.(rep) |
| Filing 1 COMPLAINT: Against Anthony J. Annucci, Barshaw, Brown, C.O. Z, Colbert, Andrew M. Cuomo, Jane Doe #1, John Doe #1, John Doe #2, John Doe #3, Mead, Patrick D. Reardon, and Smallbone. Filed by Ismael G. Reyes, Dontie S. Mitchell, and Gyvon Roberts. {The clerk notes that the Complaint is not signed by Reyes or Roberts}. (Attachments: #1 Civil Cover Sheet, #2 Cover Letter, #3 Mailing Envelope)(rep) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
