Skinner v. Powers et al
| Anthony Skinner |
| FCI Ray Brook, Powers and Poyer |
| 9:2021cv00237 |
| March 1, 2021 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Gary L Sharpe |
| 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 July 9, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 Notification to Superintendent of Filing - Provided Warden at FCI Ray Brook with notice of instant action and a copy of Plaintiff's #5 Inmate Authorization Form. USDC/NYND Finance Dept notified. (rep) |
| Case transferred (partial) from New York Northern has been opened in Northern District of West Virginia as case 5:21-cv-00058, filed 04/16/2021. (rep) |
Filing 8
DECISION AND ORDER: It is hereby ORDERED that Plaintiff's in forma pauperis application (Dkt. No. #4 ) is GRANTED; and it is further ORDERED that the Clerk provide the Superintendent of the facility, designated by Plaintiff as his current location, with a copy of Plaintiff's inmate authorization form, 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 the Clerk of the Court shall amend the caption as follows: (1) attach a copy of the complaint (Dkt. No. #1 ) to the amended complaint (Dkt. No. #3 ); and (2) include the following individuals defendants: Officer Clark, Lieutenant Wilson, Officer Ferguson, Officer Cantrell, Lieutenant Sloan, Officer Ratliff, and Officer Cushfield; and it is further ORDERED that, pursuant to Fed. R. Civ. P. 21 and 28 U.S.C. 1404(a), the following defendants and all claims against them, are severed and transferred to the Northern District of West Virginia: Clark, Wilson, Ferguson, Cantrell, Sloan, Ratliff, and Cushfield; and it is further ORDERED that no ruling is made as to the sufficiency of the amended complaint with respect to the claims that have been severed and transferred to the Northern District of West Virginia, leaving that determination to the Northern District of West Virginia; and it is further ORDERED that the Clerk shall advise the Clerk of the Northern District of West Virginia, in writing, of the entry of this Decision and Order and provide the Clerk with a certified copy of this Decision and Order and of the docket report for this action, together with all information necessary for the Clerk of the Northern District of West Virginia to electronically access the documents filed in this action; and it is further ORDERED that the fourteen (14) day waiting period provided for in Local Rule 83.6 is hereby waived; and it is further ORDERED that the Clerk shall TERMINATE the following defendants from the docket: Clark, Wilson, Ferguson, Cantrell, Sloan, Ratliff, and Cushfield; and it is further ORDERED that, if Plaintiff wishes to proceed with this action, he must file an amended pleading as set forth above within thirty (30) days from the date of the filing of this Decision and Order; and it is further ORDERED that, if Plaintiff timely files an amended pleading, this matter be returned to the Court for further review; and it is further ORDERED that, if Plaintiff fails to timely file an amended pleading as directed above, the Clerk shall enter judgment indicating that the action is DISMISSED without prejudice without further order of this Court pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b)(1) for failure to state a claim upon which relief may be granted and for failure to comply with this Decision and Order. In that event, the Clerk is directed to close this case; and it is further ORDERED that the Clerk serve a copy of this Decision and Order on Plaintiff, together with a copy of the amended complaint. Signed by Senior Judge Gary L. Sharpe on April 26, 2021. (Copy served via regular mail on plaintiff along with the amended complaint).(rep)
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| Case partially transferred to the Northern District of West Virginia as to defendants Clark, Wilson, Ferguson, Cantrell, Sloan, Ratliff, and Cushfield. (rep) |
| Set Deadlines: Notice of Compliance Deadline 5/17/2021; Case Review Deadline 6/16/2021. (rep) |
| Filing 7 Civil Cover Sheet and copy of a USM-285 submitted by the plaintiff. {The plaintiff also submitted 2 completed USM-285's which are stored in the Syracuse Clerk's Office should service on the defendants be directed}. (Attachments: #1 Mailing Envelope) (rep) |
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Filing 6
TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, and plaintiff was directed to respond to the Order if he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by Senior Judge Gary L. Sharpe on March 23, 2021. (Copy served via regular mail on plaintiff).(rep)
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| Filing 5 INMATE AUTHORIZATION FORM: Filed by Anthony Skinner. (rep) |
| Filing 4 MOTION: For Leave to Proceed in forma pauperis, filed by Anthony Skinner. (Attachments: #1 Mailing Envelope) (rep) |
| Filing 3 AMENDED COMPLAINT WITH JURY DEMAND: Filed by Anthony Skinner. (Attachments: #1 Mailing Envelope)(rep) (Additional attachment(s) added on 4/16/2021: #2 Copy of Complaint (Dkt. 1)) (rep, ). |
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Filing 2
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. It is hereby 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, in the event plaintiff chooses to file an IFP application, it must be accompanied by a signed inmate authorization form in accordance with the Court's Local Rules; and it is further ORDERED that, upon plaintiff's compliance herewith, the Clerk shall reopen this action and forward it to the Court for review; and it is further ORDERED that the Clerk serve a copy of this Order on plaintiff along with a blank IFP application and blank inmate authorization form. Signed by Senior Judge Gary L. Sharpe on March 3, 2021. (Copy served via regular mail on plaintiff along with a blank IFP Application and a blank Inmate Authorization Form).(rep)
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| Filing 1 COMPLAINT against FCI Ray Brook, Powers, Poyer filed by Anthony Skinner. (Attachments: #1 certification; envelope)(nas, ) |
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