Booker v. Flint et al
| Diquan Booker |
| Sgt. Flint, Officer Murphy and Officer Hobbs |
| 9:2022cv00600 |
| June 7, 2022 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Glenn T Suddaby |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 10
Notification to Superintendent of Filing - Provided Superintendent at Greene Correctional Facility with notice of instant action and a copy of Plaintiff's #7 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb)
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Filing 9
DECISION AND ORDER: It is hereby ORDERED that plaintiff's IFP Application (Dkt. No. #6 ) is GRANTED. The Clerk shall provide the Superintendent of the facility that plaintiff has designated as his current location with a copy of plaintiff's inmate authorization form (Dkt. No. #7 ) and notify that official that plaintiff has filed this action and is required to pay to the Northern District of New York the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. 1915; and it is further ORDERED that the Clerk provide a copy of plaintiff's inmate authorization form (Dkt. No. #7 ) to the Financial Deputy of the Clerk's Office; and it is further ORDERED that plaintiff's Eighth Amendment excessive force and failure-to-protect claims against defendants Flint and Murphy SURVIVE sua sponte review and require a response; and it is further ORDERED that 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; and it is further ORDERED that the Clerk shall TERMINATE defendant Hobbs from this action; and it is further ORDERED that the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon defendants Flint and Murphy. The Clerk shall forward a copy of the summons and complaint by mail to the Office of the New York State Attorney General, together with a copy of this Decision and Order; and it is further ORDERED that a response to the complaint be filed by defendants Flint and Murphy, or their counsel, as provided for in the Federal Rules of Civil Procedure. Signed by Chief Judge Glenn T. Suddaby on 8/4/2022. (Copy served via regular mail)(meb)
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Filing 8
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 Chief Judge Glenn T. Suddaby on 7/15/2022. (Copy served via regular mail)(meb)
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Filing 7
INMATE AUTHORIZATION FORM filed by Diquan Booker. (meb)
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Filing 6
MOTION for Leave to Proceed in forma pauperis filed by Diquan Booker. (Mailing envelope included)(meb)
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Filing 5
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. Plaintiff's IFP application is DENIED as incomplete. Because this action was not properly commenced, the Clerk is directed to administratively close this action. If plaintiff desires to pursue this action, he must, within 30 days of the filing date of this Order, (1) either (a) pay the $402.00 filing fee in full, or (b) submit a completed and signed IFP application; AND (2) submit a completed and signed inmate authorization form. Upon plaintiff's compliance with this Order, the Clerk shall reopen the action and forward it to the Court for review. In accordance with the Rule 10.1(c)(2) of the Court's Local Rules, plaintiff shall promptly notify the Clerk's Office and all parties or their counsel, in writing, of any change in his address. Plaintiff's failure to do so may result in the dismissal of this action. The Clerk shall serve a copy of this Order on plaintiff along with a blank IFP application and a blank inmate authorization form. Signed by Chief Judge Glenn T. Suddaby on 6/9/2022. (Copy of Order, blank IFP application, and Inmate Authorization Form served upon plaintiff via regular mail) (sal)
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Filing 4
Case transferred in from District of New York Southern; Case Number 1:22-cv-04024. electronically transferred when case opened
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MAILING RECEIPT: Document No: 3. Mailed to: Diquan Booker 16-A-1691 Washington Correctional Facility 72 Lock 11 Lane P.O. Box 180 Comstock, NY 12821-0180. (kh) [Transferred from New York Southern on 6/7/2022.]
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CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York.(rdz) [Transferred from New York Southern on 6/7/2022.]
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Filing 3
TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Northern District of New York. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes this case. The Court certifies, pursuant to 28 U.S.C 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purposeof an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/31/22) (rdz) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 6/7/2022.]
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) [Transferred from New York Southern on 6/7/2022.]
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Filing 2
COMPLAINT against Fliat, Hobbs, Murphy. Document filed by Diquan Booker..(rdz) [Transferred from New York Southern on 6/7/2022.]
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Diquan Booker..(rdz) [Transferred from New York Southern on 6/7/2022.]
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Case Designated ECF. (rdz) [Transferred from New York Southern on 6/7/2022.]
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