Sitts v. Munson et al
| James C. Sitts |
| Jason Munson and Ericka Puffer |
| 9:2021cv00155 |
| February 9, 2021 |
| US District Court for the Northern District of New York |
| Daniel J Stewart |
| Glenn T Suddaby |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on August 18, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 Prisoner Trust Fund Account Statement by James C. Sitts. (nas, ) |
Filing 6
TEXT ORDER: The Court is in receipt of plaintiff's new application to proceed in the action in forma pauperis. Dkt. No. #5 . The application, however, is incomplete insofar as it does not include copies of plaintiff's inmate account statements that reflect the balance of his account for the six months immediately preceding the filing of this action. Plaintiff was required to submit copies of his account statements pursuant to 28 U.S.C. 1915(a)(2) and the Court's Text Order dated February 11, 2021 (Dkt. No. 4 ). In the event plaintiff wishes to proceed in this action, he shall, within 30 days of the date of this Order, submit a "certified copy of [his] trust fund account statement (or institutional equivalent)... for the 6-month period immediately preceding the filing of the complaint." 28 U.S.C. 1915(a)(2). SO ORDERED by Chief Judge Glenn T. Suddaby on 3/8/2021. (Copy served upon plaintiff via regular mail) (sal )
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| Set Deadlines: Notice of Compliance Deadline 4/7/2021. (sal ) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Sitts(nas, ) |
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Filing 4
TEXT ORDER: Plaintiff's application to proceed in the action in forma pauperis ("IFP") (Dkt. No. #2 ) is DENIED without prejudice. Upon review of the IFP application, the Court has discovered that the certification portion contains inaccurate information. In connection with two of plaintiff's other pending actions pending in this District (Civil Action No. 20-CV-1475 and Civil Action No. 20-CV-1476), Delaware County Correctional Facility officials filed copies of plaintiff's inmate account statements with the Court. No. 20-CV-1475, Dkt. No. 17; No. 20-CV-1476, Dkt. No. 9. Although plaintiff's IFP application in this action suggests that, on December 26, 2020 (the date on which a prison official purportedly signed the certification portion of the application) plaintiff had $0.05 in his account, the account statements reflect that plaintiff actually had $0.16 in his account on that date. In addition, the certification portion of plaintiff's IFP application in this action appears suspiciously identical in all respects to the IFP applications he filed in Civil Action No. 20-CV-1475 and Civil Action No. 20-CV-1476, except that the date on which the prison official purportedly signed and certified the application in those actions is written as "12/6/2020," whereas the date of the certification in this action is written as "12/26/2020." It appears that the date of the certification in this action has been altered from "12/6/2020" to "12/26/20" by adding a "2" in front of the "6" (without the prison official having actually certified the IFP application in this action on December 26, 2020). At this time, the Court renders no conclusion concerning whether plaintiff has committed fraud upon the Court by submitting an IFP application with a forged certification. Plaintiff is warned, however, that, in the event that he has forged a document and submitted it to the Court, such behavior will not be tolerated and any future dishonesty can and will result in sanctions, including (but not limited to) revocation of plaintiff's IFP status in any action where it has been granted and/or dismissal of any pending lawsuits in this District and possible referral for criminal prosecution. If plaintiff wishes to proceed in this action, he shall, within 30 days of the date of this Order, either pay the full filing fee of $402.00 or submit a NEW IFP application that has been signed by plaintiff. The new IFP application shall be accompanied by a certified copy of his account inmate statement that reflects the balance of his account for the six months immediately preceding the commencement of this action on February 9, 2021. See 28 U.S.C. 1915(a)(2). Upon receipt of the filing fee or a new IFP application, the Clerk shall return the matter to the Court for review of the sufficiency of plaintiff's complaint pursuant to 28 U.S.C. 1915 and/or 28 U.S.C. 1915A. Plaintiff's failure to timely comply with this Order will result in the dismissal of the action without further Order of the Court. SO ORDERED by Chief Judge Glenn T. Suddaby on 2/11/2021. (Copy served upon Plaintiff via regular mail) (sal)
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| Set Deadlines: Notice of Compliance Deadline 3/13/2021. Case Review Deadline 4/13/2021. (sal ) |
| 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 Jason Munson, Ericka Puffer filed by James C. Sitts. (Attachments: #1 civil cover sheet; proposed summons)(nas, ) |
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