Smith v. Miller et al
Sincere Smith |
C.O. B. Huggler, C.O. A. Downing, D.S.S. Frasier, Miller and Sgt. John Doe |
9:2020cv01435 |
November 23, 2020 |
US District Court for the Northern District of New York |
Christian F Hummel |
Glenn T Suddaby |
Prisoner: Civil Rights |
42 U.S.C. § 1983 Prisoner Civil Rights |
Plaintiff |
Docket Report
This docket was last retrieved on August 9, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 12 Summons Issued as to A. Downing, Frasier, B. Huggler, Miller. {copy of summons; order and complaint served on the Office of the Attorney General}(nas ) |
Filing 11 DECISION AND ORDER: 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 Huggler, Downing, Miller, and Fraser. 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 a response to the complaint shall be filed by defendants Huggler, Downing, Miller, and Fraser, or their counsel, as provided for in the Federal Rules of Civil Procedure. ORDERED, that plaintiff shall take reasonable steps through discovery to ascertain the identity of defendant Area Supervisor Sergeant John Doe. Plaintiff's failure to timely serve that defendant will result in dismissal of the claim asserted against him and termination of him from the action. ORDERED, that plaintiff's motion for the appointment of counsel (Dkt. No. #7 ) is DENIED without prejudice. Signed by Magistrate Judge Christian F. Hummel on 12/22/2020. (Attachments: #1 case law cited) {order served via regular mail on plaintiff}(nas) |
Filing 10 Case transferred in from District of New York Southern; Case Number 1:20-cv-08991. electronically transferred when case opened |
Mailed a copy of #9 Order, to Sincere Smith, DIN No. 18A4013 at Great Meadow Correctional Facility, 11739 State Rte 22, P.O. Box 51, Comstock, NY 12821. (dsh) [Transferred from New York Southern on 11/23/2020.] |
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. (nb) [Transferred from New York Southern on 11/23/2020.] |
Filing 9 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. A summons shall not issue from this Court. This order closes the case in this Court. 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 11/16/2020) (nb) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 11/23/2020.] |
Filing 8 ORDER GRANTING IFP APPLICATION IN PRISONER CASE: The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. The Clerk of Court is also directed to send a copy of this order to Plaintiff and note service on the docket. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Colleen McMahon on 11/16/2020) (vn) Transmission to Docket Assistant Clerk for processing. (Additional attachment(s) added on 11/16/2020: #1 PLRA) (vn). [Transferred from New York Southern on 11/23/2020.] |
Case Designated Local Rule 33.2. (keb) [Transferred from New York Southern on 11/23/2020.] |
Mailed a copy of #8 Order Granting IFP Application in Prisoner Case, to Warden of Great Meadow Correctional Facility, 11739 State Rte 22, P.O. Box 51, Comstock, NY 12821. (dsh) [Transferred from New York Southern on 11/23/2020.] |
Filing 7 APPLICATION FOR THE COURT TO REQUEST PRO BONO COUNSEL. Document filed by Sincere Smith.(sc) [Transferred from New York Southern on 11/23/2020.] |
Filing 6 AMENDED APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Sincere Smith.(sc) [Transferred from New York Southern on 11/23/2020.] |
Filing 5 ORDER DIRECTING PAYMENT OF FEE OR AMENDED IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an Amended IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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). Filing Fee due by 11/27/2020. In Forma Pauperis (IFP) Application due by 11/27/2020. (Signed by Judge Colleen McMahon on 10/28/2020) (Attachments: #1 amended IFP application, #2 application for pro bono counsel) (keb) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 11/23/2020.] |
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 11/23/2020.] |
Mailed a copy of #5 Order Directing Payment of Fee or IFP Application, to Sincere Smith, DIN No. 18A4013 at Great Meadow Correctional Facility, 11739 State Rte 22, P.O. Box 51, Comstock, NY 12821. (Attachments: # 1 amended IFP application, # 2 application for pro bono counsel) (dsh) [Transferred from New York Southern on 11/23/2020.] |
Filing 4 (INCOMPLETE) APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Sincere Smith. (sac) [Transferred from New York Southern on 11/23/2020.] |
Filing 3 PRISONER AUTHORIZATION. Document filed by Sincere Smith. (sac) [Transferred from New York Southern on 11/23/2020.] |
Filing 2 COMPLAINT against John Doe, A. Downing, Frasier, B. Huggler, Miller. Document filed by Sincere Smith. (sac) [Transferred from New York Southern on 11/23/2020.] |
Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Sincere Smith. (sac) [Transferred from New York Southern on 11/23/2020.] |
Case Designated ECF. (sac) [Transferred from New York Southern on 11/23/2020.] |
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