Leonard v. Delaware County Correctional Facility et al
| Julius Leonard, Jr. |
| Alan Weaver, Delaware County Correctional Facility, Craig Dumond and Timothy Buckley |
| 9:2021cv00091 |
| January 26, 2021 |
| US District Court for the Northern District of New York |
| Thomas J McAvoy |
| Daniel J Stewart |
| 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 June 25, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 5 MAIL RETURNED UNDELIVERABLE: The #4 Order that was sent to Julius Leonard, Jr. at Delaware County Correctional Facility was returned undeliverable. Envelope marked: "Return to Sender - Not Deliverable as Addressed - Unable to Forward." (rep) |
Filing 4
DECISION AND ORDER: It is hereby ORDERED that plaintiff's IFP application (Dkt. No. #2 ) is GRANTED. The Clerk shall provide the superintendent of the prison facility in which plaintiff is currently confined, with a copy of plaintiff's inmate authorization form (Dkt. No. #3 ), and notify the official that this action has been filed and that plaintiff is required to pay the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. 1915; and it is further ORDERED that plaintiff's complaint is DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) and 28 U.S.C. 1915A(b)(1) for failure to state a claim upon which relief may be granted, except that plaintiff's claims asserted against Delaware County Correctional Facility are DISMISSED with prejudice and the Clerk is respectfully directed to TERMINATE that defendant from the docket; and it is further ORDERED that in the event plaintiff fails to file an amended complaint within 30 days of this Decision and Order, the action will be DISMISSED without prejudice without further Order of the Court; and it is further ORDERED the Clerk serve a copy of this Decision and Order on plaintiff. Signed by Senior Judge Thomas J. McAvoy on March 16, 2021. (Copy served via regular mail on plaintiff).(rep)
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| Notification to Superintendent of Filing - Provided Sheriff at Delaware County Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (rep) |
| Filing 3 INMATE AUTHORIZATION FORM: Filed by Julius Leonard, Jr. (rep) |
| Filing 2 MOTION: For Leave to Proceed in forma pauperis, filed by Julius Leonard, Jr. (Attachments: #1 Proposed Summons)(rep) |
| Filing 1 COMPLAINT WITH JURY DEMAND: Against Timothy Buckley, Delaware County Correctional Facility, Craig Dumond, and Alan Weaver. Filed by Julius Leonard, Jr. (Attachments: #1 Civil Cover Sheet, #2 Mailing Envelope)(rep) |
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