Leggett v. Oneida County Correctional Facility et al
| Michael Leggett |
| Oneida County Correctional Facility and Jonathan Wigderson |
| 9:2021cv01204 |
| November 4, 2021 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 9 COPY of the #6 Notice of Interlocutory Appeal filed by Michael Leggett. [The Clerk notes this was forwarded to the court by the second circuit.] (meb) |
| Filing 8 Prisoner Trust Fund Account Statement sent by Franklin Correctional Facility. (Attachments: #1 Mailing envelope)(meb) |
| Filing 7 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #6 Notice of Interlocutory Appeal (nas, ) |
| Filing 6 NOTICE OF INTERLOCUTORY APPEAL as to #4 Order by Michael Leggett. (nas, ) |
| Filing 5 Notification to Superintendent of Filing - Provided Superintendent at Franklin 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) |
Filing 4
DECISION AND ORDER: It is ORDERED that Plaintiff's IFP Application (Dkt. No. #2 ) is GRANTED; 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; Plaintiff's claims against Oneida County Correctional Facility are DISMISSED with 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; Plaintiff's remaining 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; If plaintiff wishes to proceed with this action, he must file an amended complaint as directed above within thirty (30) days from the filing date of this Decision and Order; If plaintiff timely files an amended complaint, this matter be returned to the Court for further review; If plaintiff fails to timely file an amended complaint as directed above, the Clerk shall enter judgment indicating that this action is DISMISSED without prejudice without further order of this Court pursuant to 28 U.S.C. 1915(e)(2)(B) and U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted. In that event, the Clerk is directed to close this case; The Clerk shall serve a copy of this Decision and Order on plaintiff. Signed by Judge David N. Hurd on November 29, 2021. (Copy served via regular mail on plaintiff).(rep)
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| Set Deadlines: Notice of Compliance Deadline 1/3/2022; Case Review Deadline 1/31/2022. (rep) |
| Filing 3 INMATE AUTHORIZATION FORM: Filed by Michael Leggett. (rep) |
| Filing 2 MOTION: For Leave to Proceed in forma pauperis, filed by Michael Leggett. (Attachments: #1 Proposed Summons) (rep) |
| Filing 1 COMPLAINT WITH JURY DEMAND: Against Oneida County Correctional Facility, Jonathan Wigderson. Filed by Michael Leggett. (Attachments: #1 Mailing Envelope)(rep) |
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