Ballard v. Dutton
| Antonio T. Ballard |
| L Dutton |
| 9:2021cv01248 |
| November 18, 2021 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Lawrence E Kahn |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 17 BILL OF COSTS submitted by US Marshal re: $8.00 Service Fees. (meb) |
| Filing 16 AFFIDAVIT: Process Receipt and Return for L. Dutton in support of the #14 Acknowledgment of Service. (meb) |
| Filing 15 NOTICE of Change of Address filed by Antonio T. Ballard. Old Address: OKLAHOMA CITY FEDERAL TRANSFER CENTER. New Address: ATLANTA U.S. PENITENTIARY. (Mailing envelope included) (meb) |
| Filing 14 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to L Dutton served on 12/22/2021, answer due 2/22/2022. (meb) |
| Filing 13 Letter regarding his change of address filed by Antonio T. Ballard. (Mailing envelope included) (meb) |
| Filing 12 Summons Issued as to L Dutton. (meb) |
| Filing 11 Mail Returned as Undeliverable: Regarding the #8 Decision and Order and the #9 Notification to Superintendent of Filing sent to Antonio T. Ballard at RAY BROOK FEDERAL CORRECTIONAL INSTITUTION. (The Clerk will not be re-mailing this as plaintiff changed his address to OKLAHOMA CITY today and that mailing has not come back undeliverable.) (meb) |
| Filing 10 LETTER regarding a previous mailing and NOTICE of Change of Address filed by Antonio T. Ballard. Old Address: RAY BROOK New Address: OKLAHOMA CITY. (Mailing envelope included) (meb) |
| Filing 9 Notification to Superintendent of Filing - Provided Warden at RAY BROOK FEDERAL CORRECTIONAL INSTITUTION with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb) |
Filing 8
DECISION AND ORDER: It is hereby ORDERED, that plaintiff's application to proceed in the action in forma pauperis (Dkt. No. #2 ) is GRANTED. The Clerk shall provide the superintendent of the prison facility in which plaintiff is currently confined with a copy of plaintiff's inmate 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 $350.00 pursuant to 28 U.S.C. 1915; and it is further ORDERED, that the Clerk shall provide a copy of plaintiff's inmate authorization form (Dkt. No. #3 ) to the Financial Deputy of the Clerk's Office; and it is further ORDERED, that plaintiff's complaint (Dkt. No. #1 ) is ACCEPTED for filing to the extent it asserts an Eighth Amendment failure to protect claim against defendant L. Dutton; and it is further ORDERED, that the Clerk shall issue a summons and forward it, along with a copy of the complaint, to the United States Marshal Service for service upon defendant Dutton. The Clerk shall forward a copy of the summons and complaint by mail to the Office of the United States Attorney for the Northern District of New York, together with a copy of this Decision and Order; and it is further ORDERED that a response to the complaint shall be filed by defendant Dutton or his counsel as provided for in the Federal Rules of Civil Procedure; and it is further ORDERED that plaintiff's motion for the appointment of counsel (Dkt. No. #6 ) is DENIED without prejudice; and it is further ORDERED that the Clerk serve a copy of this Decision and Order on plaintiff at both the address listed on the docket, as well as at FTC Oklahoma City. See Dkt. No. 7 . Signed by Magistrate Judge Christian F. Hummel on 12/16/2021. (Copy served via regular mail)(meb)
|
|
Filing 7
TEXT ORDER: Plaintiff's last known address and the address for Plaintiff currently listed on the Docket Report for this action is Ray Brook Federal Correctional Institution. A search of the inmate information database maintained by the Federal Bureau of Prisons ("BOP") using Plaintiff's prison identification number (21893-052) reveals that Plaintiff is presently incarcerated in FTC Oklahoma City. See Federal Bureau of Prisons Find An Inmate, https://www.bop.gov/inmateloc/ (last visited Dec. 7, 2021). Under this Court's rules, an unrepresented litigant is under a duty to inform the Court of any address changes IN WRITING. See N.D.N.Y. L.R. 10.1(c)(2). For the orderly disposition of cases, it is essential that litigants honor their continuing obligation to keep the Court informed of address changes. Accordingly, Plaintiff is DIRECTED to file a change of address with the Court within THIRTY DAYS, and he must continue to submit any address changes to the Court as long as his action is pending. "Failure to notify the Court of a change of address in accordance with L.R. 10.1(c)(2) may result in the dismissal of any pending action." N.D.N.Y. L.R. 41.2(b). The Clerk is respectfully directed to serve a copy of this Order and a Change of Address form on Plaintiff by regular mail at his last known address and the address of the facility listed in the BOP's website, FTC Oklahoma City, P.O. Box 898801, Oklahoma City, OK 73189. Authorized by Magistrate Judge Christian F. Hummel on 12/7/2021. (Copy served via regular mail, along with blank forms)(meb)
|
| Filing 6 MOTION to Appoint Counsel filed by Antonio T. Ballard. (Mailing envelope included)(meb) |
| Filing 5 Letter advising that he is being moved but he does not know to what facility filed by Antonio T. Ballard. (Mailing envelope included) (meb) |
|
Filing 4
ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge Christian F. Hummel for all further proceedings. Magistrate Judge Miroslav Lovric no longer assigned to case. Senior Judge Lawrence E. Kahn will remain assigned to this case. Signed by Chief Judge Glenn T. Suddaby on 11/19/2021. (Copy served via regular mail)(meb)
|
| Filing 3 INMATE AUTHORIZATION FORM filed by Antonio T. Ballard. (meb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Antonio T. Ballard (Attachments: #1 Prisoner Account Statement, #2 USM-285)(meb) |
| Filing 1 COMPLAINT WITH JURY DEMAND against L Dutton filed by Antonio T. Ballard. (Attachments: #1 Civil Cover Sheet, #2 Mailing envelope)(meb) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Ballard v. Dutton | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Antonio T. Ballard | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: L Dutton | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
