Burton v. Harder et al
| Dwight D. Burton |
| David E. Harder, N-A Burke, N-A Tiner, John Doe #1, John Doe #2, Jane Doe #1, John Doe #3 and John Doe #4 |
| 9:2021cv01097 |
| October 6, 2021 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Gary L Sharpe |
| 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 March 22, 2022. A more recent docket listing may be available from PACER.
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Filing 8
Notification to Superintendent of Filing - Provided Superintendent at Attica Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. {Copy of notice also sent to plaintiff via regular mail}. (rep)
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Filing 7
DECISION AND ORDER: It is hereby ORDERED that plaintiff's IFP Application (Dkt. No. #5 ) is GRANTED; and it is further ORDERED that the Clerk shall provide the superintendent of the facility, designated by plaintiff as his current location, with a copy of plaintiff's 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 Section 1983 claims are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted; and it is further ORDERED that, if plaintiff wishes to proceed with this action he must file an amended complaint within thirty (30) days of the filing date of this Decision and Order as set forth above; and it is further ORDERED that, upon the filing of an amended complaint as directed above, the Clerk shall return the file to this Court for further review; and it is further ORDERED that, in the event plaintiff fails to file a signed amended complaint within thirty (30) days of the filing date of this Decision and Order, the Clerk shall enter judgment dismissing this action without prejudice due to plaintiff's failure to state a claim upon which relief can be granted and to comply with the terms of this Decision and Order, without further order of this Court; and it is further ORDERED that the Clerk shall serve a copy of this Decision and Order on plaintiff. Signed by Senior Judge Gary L. Sharpe on November 29, 2021. (Copy served via regular mail on plaintiff).(rep)
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Set Deadlines: Notice of Compliance Deadline 12/29/2021; Case Review Deadline 1/31/2022. (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 10/29/2021. (Copy served via regular mail)(meb)
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Filing 5
MOTION for Leave to Proceed in forma pauperis filed by Dwight D. Burton. (Mailing envelope included)(meb)
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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 October 7, 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 Dwight D. Burton. (rep)
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Filing 2
MOTION: For Leave to Proceed in forma pauperis, filed by Dwight D. Burton(rep)
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Filing 1
COMPLAINT WITH JURY DEMAND: Against N-A Burke, Jane Doe #1, John Doe #1, John Doe #2, John Doe #3, John Doe #4, David E. Harder, and N-A Tiner. Filed by Dwight D. Burton. (Attachments: #1 Mailing Envelope)(rep) (Main Document 1 replaced on 10/7/2021) (rep, ).
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