Hester v. Fredenburgh
| Eugene Hester |
| Stacey Fredenburgh |
| 9:2021cv01017 |
| September 15, 2021 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| 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 February 22, 2024. A more recent docket listing may be available from PACER.
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Filing 10
TEXT ORDER: Granting, in part, Plaintiff's #9 Letter Motion for an extension of time. Plaintiff's deadline to file his Amended Complaint in compliance with the #7 Order is extended to December 8, 2021. Authorized by Senior Judge Gary L. Sharpe on October 26, 2021. (Copy served via regular mail on plaintiff).(rep)
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Filing 9
LETTER MOTION: Filed by Eugene Hester, dated October 21, 2021, requesting an extension of time to file an Amended Complaint pursuant to the #7 Order. {Mailing envelope attached}. (rep)
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Filing 8
Notification to Superintendent of Filing - Provided Superintendent at Eastern NY Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. {Copy of notification also sent to the plaintiff via regular mail}. (rep)
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Filing 7
DECISION AND ORDER: It is hereby ORDERED that Plaintiff's application to proceed in the action IFP (Dkt. No. #5 ) is GRANTED; and it is further ORDERED that Plaintiff's complaint (Dkt. No. #1 ) is DISMISSED without prejudice without further Order of the Court pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b)(1) unless, within thirty (30) days of the date of this Decision and Order, Plaintiff files an amended complaint that corrects the pleading defects discussed herein; and it is further ORDERED that the Clerk shall serve a copy of this Decision and Order on Plaintiff. IT IS SO ORDERED. Signed by Senior Judge Gary L. Sharpe on October 8, 2021. (Copy served via regular mail on plaintiff).(rep)
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Set Deadlines: Notice of Compliance Deadline 11/8/2021; Case Review Deadline 12/8/2021. (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 s/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 September 29, 2021. {text order served via regular mail on plaintiff}(nas, )
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Filing 5
MOTION for Leave to Proceed in forma pauperis filed by Eugene Hester. (nas, )
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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 the Clerk shall serve a copy of this Order on plaintiff along with a blank IFP application. Signed by Senior Judge Gary L. Sharpe on September 16, 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 Eugene Hester. (rep)
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Filing 2
MOTION: For Leave to Proceed in forma pauperis, filed by Eugene Hester. (Attachments: #1 Proposed Summons)(rep)
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Filing 1
COMPLAINT: Against Stacey Fredenburgh, filed by Eugene Hester. (Attachments: #1 Mailing Envelope)(rep) (Additional attachment(s) added on 9/16/2021: #2 Copy of USM-285) (rep, ).
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| Plaintiff: Eugene Hester | |
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| Defendant: Stacey Fredenburgh | |
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