Sitts et al v. Weaver
| Julius Leonard, Jr., Robert Payne, Anthony Boyd, Steven Barrows, Daniel Schultz, Bryan Ruple, James C. Sitts, Robert J. Giordano, Anthony Hopper, Richard Grantt and Nicholas Meridv |
| Alan Weaver and Delaware County Correctional Facility |
| 9:2020cv01474 |
| December 2, 2020 |
| US District Court for the Northern District of New York |
| Daniel J Stewart |
| Glenn T Suddaby |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 26, 2021. A more recent docket listing may be available from PACER.
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| Filing 18 MAIL RETURNED UNDELIVERABLE: The # 13 Text Order that was sent to Robert Payne at Delaware County Correctional Facility was returned undeliverable. Envelope marked: "Return to Sender - Not Deliverable as Addressed - Unable to Forward". (rep) |
| Filing 17 MAIL RETURNED UNDELIVERABLE: The # 13 Text Order that was sent to Anthony Hopper at Delaware County Correctional Facility was returned undeliverable. Envelope marked: "Return to Sender - Not Deliverable as Addressed - Unable to Forward". (rep) |
| Filing 16 MAIL RETURNED UNDELIVERABLE: The # 13 Text Order that was sent to Nicholas Meridv at Delaware County Correctional Facility was returned undeliverable. Envelope marked: "Return to Sender - Not Deliverable as Addressed - Unable to Forward". (rep) |
| Filing 15 MAIL RETURNED UNDELIVERABLE: The # 13 Text Order that was sent to Anthony Boyd at Delaware County Correctional Facility was returned undeliverable. Envelope marked: "Return to Sender - Not Deliverable as Addressed - Unable to Forward". (rep) |
| Filing 14 MAIL RETURNED UNDELIVERABLE: The # 13 Text Order that was sent to Steven Barrows at Delaware County Correctional Facility was returned undeliverable. Envelope marked: "Return to Sender - Not Deliverable as Addressed - Unable to Forward". (rep) |
Filing 13
TEXT ORDER: On January 14, 2021, the Court received plaintiff's notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. Dkt. No. #12 . Because plaintiff has complied with Rule 41(a)(1) (A)(i), the Clerk is respectfully directed to TERMINATE plaintiff Sitts from this action as a party. Pursuant to Rule 41(a)(1)(B), all claims asserted by plaintiff Sitts are DISMISSED without prejudice. SO ORDERED by Chief Judge Glenn T. Suddaby on 1/15/2021. (Copy served upon all plaintiffs via regular mail) (sal)
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| Filing 12 Notice of voluntary dismissal from James C. Sitts (nas, ). |
| Filing 11 MAIL RETURNED UNDELIVERABLE: The #5 Order that was sent to Robert Payne at Delaware Correctional Facility was returned undeliverable. Envelope marked: "Return to Sender - Not Deliverable as Addressed - Unable to Forward." (rep) |
| Filing 10 MAIL RETURNED UNDELIVERABLE: The #5 Order that was sent to Nicholas Meridv at Delaware Correctional Facility was returned undeliverable. Envelope marked: "Return to Sender - Not Deliverable as Addressed - Unable to Forward." (rep) |
| Filing 9 MAIL RETURNED UNDELIVERABLE: The #5 Order that was sent to Anthony Hopper at Delaware Correctional Facility was returned undeliverable. Envelope marked: "Return to Sender - Not Deliverable as Addressed - Unable to Forward." (rep) |
| Filing 8 MAIL RETURNED UNDELIVERABLE: The #5 Order that was sent to Anthony Boyd at Delaware Correctional Facility was returned undeliverable. Envelope marked: "Return to Sender - Not Deliverable as Addressed - Unable to Forward." (rep) Modified on 1/14/2021 (rep, ). |
| Filing 7 MAIL RETURNED UNDELIVERABLE: The #5 Order that was sent to Steven Barrows at Delaware Correctional Facility was returned undeliverable. Envelope marked: "Return to Sender - Not Deliverable as Addressed - Unable to Forward." (rep) |
| Filing 6 LETTER: Filed by James Sitts, dated January 3, 2021, requesting a copy of his Complaint. {Copy of the #1 Complaint sent to the plaintiff via regular mail}. (rep) |
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Filing 5
DECISION AND ORDER that plaintiff Sitts' first IFP application (Dkt. No. #2 ) is DENIED as incomplete. Plaintiff Sitts' second IFP application (Dkt. No. #4 ) is GRANTED. Before the Court reviews the sufficiency of the complaint pursuant to 28 U.S.C. 1915 and/or 28 U.S.C. 1915A, plaintiffs Barrows, Leonard, Ruple, Schultz, Meridv, Giordano, Grantt, Payne, Hopper, Boyd must individually, within 30 days of the date of this Decision and Order, either (a) pay the Court's filing fee of $402.00 in full or (b) submit a completed and signed IFP application in accordance with this Decision and Order and a signed inmate authorization form reflecting his individual consent to pay the $350.000 filing fee over time, in installments. If, within the time period specified above, any of the plaintiffs fail to comply with the terms of this Decision and Order delineated above, the non-compliant individual will be terminated from the docket and any claims asserted by that non-compliant individual will be dismissed from the action without prejudice without further Order of this Court. Upon full compliance with this Decision and Order, or at the expiration of the deadline to comply, whichever is earlier, the Clerk shall return this file to the Court for further review. In accordance with the Rule 10.1(c)(2) of the Court's Local Rules, plaintiffs shall promptly notify the Clerk's Office and all parties or their counsel, in writing, of any change in their address. Plaintiffs' failure to do so may result in the dismissal of this action. The Clerk shall serve a copy of this Decision and Order, as well as a blank IFP application and blank inmate authorization form, on each plaintiff (except plaintiff Sitts) in accordance with the Local Rules of Practice for this Court. Signed by Chief Judge Glenn T. Suddaby on 1/6/2021. (Notice of Compliance Deadline 2/5/2021, Case Review Deadline 3/8/2021) (Attachments: #1 Blank IFP Application Form, #2 Inmate Authorization Form)(Copy of this order served on all plaintiffs via regular mail. Blank IFP and inmate authorization forms sent to all plaintiffs w/ exception of Sitts via regular mail). (sal )
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| Filing 4 MOTION: For Leave to Proceed in forma pauperis, filed by James C. Sitts. (Attachments: #1 Cover Letter and Mailing Envelope)(rep) (Main Document 4 replaced on 12/15/2020 with redacted version) (rep). |
| Filing 3 INMATE AUTHORIZATION FORM by James C. Sitts. (nas, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by James C. Sitts.(nas, ) |
| Filing 1 COMPLAINT against Alan Weaver filed by Daniel Schultz, Anthony Hopper, Steven Barrows, Nicholas Meridv, Richard Grantt, Anthony Boyd, Robert J. Giordano, James C. Sitts, Julius Leonard, Jr, Robert Payne, Bryan Ruple. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 envelope)(nas ) |
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