Hayes v. Annucci et al
| George G. Hayes |
| Anthony Annucci, Joseph Carter and Teressa Tynon |
| 9:2022cv00604 |
| June 6, 2022 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Miroslav Lovric |
| 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 July 20, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 Notification to Superintendent of Filing - Provided Superintendent at Washington Correctional Facility with notice of instant action and a copy of Plaintiff's #6 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb) |
Filing 8
DECISION AND ORDER: It is ORDERED that plaintiff's IFP Application (Dkt. No. #5 ) 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. #6 ), 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; The Clerk shall provide a copy of plaintiff's authorization form (Dkt. No. #6 ) to the Financial Deputy of the Clerk's Office; Plaintiff's Section 1983 claims for money damages against the named defendants in their official capacity are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) as barred by the Eleventh Amendment; The 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. Signed by Judge David N. Hurd on 7/20/2022. (Copy served via regular mail)(meb)
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| Set Deadlines: Notice of Compliance Deadline 8/19/2022. Case Review Deadline 9/19/2022. (meb) |
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Filing 7
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 Judge David N. Hurd on 7/8/2022. (Copy served via regular mail)(meb)
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| Filing 6 INMATE AUTHORIZATION FORM filed by George G. Hayes. (meb) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by George G. Hayes. (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, (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; 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 and a blank inmate authorization form. Signed by Judge David N. Hurd on 6/8/2022. (Copy served via regular mail, along with blank forms)(meb)
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| Filing 3 INMATE AUTHORIZATION FORM filed by George G. Hayes. (meb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by George G. Hayes. (Attachments: #1 Proposed Summons)(meb) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Anthony Annucci, Joseph Carter, Teressa Tynon filed by George G. Hayes. (Attachments: #1 Notice of penatly of perjury, #2 Cover letter and mailing envelope)(meb) |
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