Bey v. Miller et al
| Jamal Salaam Bey |
| John Doe, J.M. Deeley, K. Hagstrand and Superintendent C. Miller |
| 9:2021cv00197 |
| February 22, 2021 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| David N Hurd |
| 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 September 1, 2021. A more recent docket listing may be available from PACER.
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Filing 9
TEXT ORDER: The Court has received plaintiff's letter (Dkt. No. #8 ) indicating he is still having difficulties sending mail to the Court and that prison officials are intentionally interfering with his efforts to comply with the filing fee requirements as set forth in the Courts Order dated February 24, 2021 (Dkt. No. #4 ("February Order")). Based on plaintiff's submissions, however, it is clear that prison officials are denying plaintiffs requests to send certified mail to the Court because plaintiff does not have sufficient funds in his inmate account and because prison rules do not allow the prison to advance costs for certified mail to prisoners. As noted in an earlier Text Order dated March 29, 2021 (Dkt. No. 6 ), plaintiff may send mail to the Court by regular (uncertified) mail. The Court has no authority to interfere with prison officials' enforcement of prison rules, and to the extent plaintiff's letter (Dkt. No. #8 ) requests the Court to interfere in that manner, the request is DENIED. Plaintiff's deadline to comply with the February Order (i.e., pay the full filing fee or submit a completed and signed application to proceed in forma pauperis) is extended until May 14, 2021. No further extensions of this deadline will be granted without good cause. Failure to comply with the February Order will result in dismissal of the action without prejudice without further Order of the Court. Authorized by Judge David N. Hurd on April 20, 2021. {Notice of Compliance Deadline 5/14/2021}(Copy served via regular mail on plaintiff).(rep)
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| Filing 8 LETTER: Filed by Jamal Salaam Bey, dated April 5, 2021, regarding mail issues. (rep) |
| Filing 7 LETTER: Filed by Jamal Salaam Bey, dated March 29, 2021, requesting a Court Order. {Mailing envelope attached}. (rep) Modified on 4/5/2021 (rep, ). |
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Filing 6
TEXT ORDER: The Court is in receipt of plaintiff's letter dated March 18, 2021, indicating that plaintiff is experiencing difficulties sending mail to the Court from his prison facility. Dkt. No. #5 . It appears as though plaintiff's attempts to send mail were unsuccessful because he sought an advance from the prison to send certified mail to the Court but that the prison does not permit inmates to seek advance payments on certified mail. Although the Court has no authority to interfere with the enforcement of prison rules and regulations, plaintiff is advised that prisoners are not required to send mail to the Court via certified mail. In light of plaintiff's attempts to comply with the Court's Order dated February 24, 2021 (Dkt. No. #4 ("February Order")), which described the ways that plaintiff could satisfy the filing fee requirements for commencing an action in this District (i.e., pay the full filing fee or submit a completed and signed application to proceed in forma pauperis), the Court sua sponte extends the deadline to comply with the February Order for an additional 30 days. Plaintiff is reminded that his failure to comply with the February Order will result in the action being dismissed without prejudice without further Order of the Court. The Clerk is respectfully directed to provide plaintiff a courtesy copy of the February Order, which plaintiff may provide to prison officials when seeking their assistance to send mail to the Court. Authorized by District Judge David N. Hurd on March 29, 2021. {Notice of Compliance Deadline 4/29/2021}.(Copy served via regular mail on plaintiff along with a copy of the #4 February 2021 Order).(rep)
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| Filing 5 LETTER MOTION: Filed by Jamal Salaam Bey, dated March 18, 2021, requesting a Court Order. {Exhibits and mailing envelope attached}. (rep) |
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Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. It is hereby ORDERED that plaintiff's IFP application is DENIED as incomplete; and it is further ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further ORDERED that, if plaintiff desires to pursue this action, he must, within 30 days of the filing date of this Order, either (1) pay the $402.00 filing fee in full; or (2) submit a completed and signed IFP application; and it is further ORDERED that upon plaintiff's compliance with this Order, the Clerk shall reopen the action and forward it to the Court for review; and it is further ORDERED that, in accordance with the Rule 10.1(c)(2) of the Court's Local Rules, plaintiff shall promptly notify the Clerk's Office and all parties or their counsel, in writing, of any change in his address. Plaintiff's failure to do so may result in the dismissal of this action; and it is further ORDERED that the Clerk shall serve a copy of this Order on plaintiff along with a blank IFP application. Signed by Judge David N. Hurd on February 24, 2021. (Copy served via regular mail on plaintiff along with a blank IFP Application)(rep)
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| Filing 3 INMATE AUTHORIZATION FORM: Filed by Jamal Salaam Bey. (rep) |
| Filing 2 MOTION: For Leave to Proceed in forma pauperis, filed by Jamal Salaam Bey. (Attachments: #1 Mailing Envelope) (rep) |
| Filing 1 COMPLAINT WITH JURY DEMAND: Against J.M. Deeley, John Doe, K. Hagstrand, and C. Miller, filed by Jamal Salaam Bey. (Attachments: #1 Attachments, #2 Civil Cover Sheet, #3 Mailing Envelope)(rep) |
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