Clervrain et al v. Annucci
| Manetirony Clervrain and Andy Borgella |
| Anthony J. Annucci |
| 9:2022cv00307 |
| March 29, 2022 |
| US District Court for the Northern District of New York |
| Gary L Sharpe |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 4
DECISION AND ORDER: ORDERED that plaintiff Borgella is DISMISSED as a party to this proceeding based on his failure to sign the complaint or comply with the filing fee requirement. ORDERED that the IFP Application (Dkt. No. #2 ) is DENIED insofar as it was filed on behalf of plaintiff Borgella. ORDERED that the IFP Application (Dkt. No. #2 ) is GRANTED insofar as it was filed on behalf of plaintiff Clervrain. ORDERED that the complaint (Dkt. No. 1) is DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(i) and (ii), and for failure to comply with the pleading requirements of Federal Rule of Civil Procedure 8. ORDERED that, if plaintiff Clervrain wishes to proceed with this action, he must file an amended complaint as directed within thirty (30) days from the filing date of this Decision and Order; and it is furtherORDERED that, if plaintiff Clervrain timely files an amended complaint, this matter be returned to the Court for further review. ORDERED that, if plaintiff Clervrain fails to timely file an amended complaint as directed, 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)(i) and (ii), and for failure to comply with the pleading requirements of Federal Rule of Civil Procedure 8. In that event, the Clerk is directed to close this case. ORDERED that the Miscellaneous Motion (Dkt. No. #3 ) is DENIED as moot. ORDERED that the Clerk shall serve a copy of this Decision and Order on plaintiff Clervrain. The Court certifies that an IFP appeal of this Decision and Order would not be taken in good faith under 28 U.S.C. 1915(a)(3), and, therefore, should plaintiff Clervrain seek leave to appeal IFP, he is DENIED permission to do so. Signed by Senior Judge Gary L. Sharpe on April 14, 2022. {served as directed}(nas)
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Filing 3
MOTION for miscellaneous relief filed by Manetirony Clervrain.(meb)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Manetirony Clervrain.(meb)
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Filing 1
COMPLAINT against Anthony J. Annucci filed by Manetirony Clervrain, Andy Borgella. (Attachments: #1 Certificate of service, #2 Mailing envelope)(meb)
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