McGinnis v. Benjaman et al
| Jermaine J. McGinnis |
| Benjaman, Jhon Dow and Central New York Phychiatric Center |
| 9:2022cv00730 |
| July 11, 2022 |
| US District Court for the Northern District of New York |
| Lawrence E Kahn |
| Miroslav Lovric |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 9 Mail Returned as Undeliverable: Regarding the #8 Decision and Order sent to Jermaine J. McGinnis at Rockland Psychiatric Center. Return to Sender - Attempted Not Known - Unable to Forward. (meb) |
Filing 8
DECISION AND ORDER: It is hereby ORDERED, that Plaintiffs IFP Application, Dkt. No. #4 , is GRANTED; and it is further ORDERED, that if Plaintiff wishes to proceed with this action, he must file an amended complaint as set forth above within thirty (30) days from the date of the filing of this Decision and Order; and it is further ORDERED, that if Plaintiff timely files an amended complaint, this matter shall be returned to the Court for further review; and it is further ORDERED, that if Plaintiff fails to timely file an amended complaint as directed above, the Clerk shall enter judgment indicating that the action is DISMISSED without prejudice without further order of this Court pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted and for failure to comply with this Decision and Order. In that event, the Clerk is directed to close this case; and it is further ORDERED, that Plaintiff's Motion, Dkt. No. #5 , is DENIED without prejudice; and it is further ORDERED, that the Clerk serve a copy of this Decision and Order on Plaintiff, together with a copy of the original Complaint. Signed by Senior Judge Lawrence E. Kahn on 8/9/2022. (Copy served via regular mail)(meb)
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| Set Deadlines: Notice of Compliance Deadline 9/8/2022, Case Review Deadline 10/11/2022. (meb) |
| Filing 7 Case transferred in from District of New York Western; Case Number 6:22-cv-06214. electronically transferred when case opened |
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Filing 6
ORDER: This action is transferred to the United States District Court for the Northern District of New York pursuant to 28 U.S.C. 1406(a). This Court makes no ruling as to the sufficiency of the Complaint, nor does it consider the merits of Plaintiffs Motion to proceed in forma pauperis; instead, the Court leaves those issues to the Northern District. The judgment administratively closing this action, ECF No. 2, is hereby vacated. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 7/8/2022. copy of order and NEF mailed to plaintiff. (MFM)-CLERK TO FOLLOW UP- [Transferred from New York Western on 7/11/2022.]
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| Filing 5 MOTION for Discovery by Jermaine J. McGinnis. (JHF) [Transferred from New York Western on 7/11/2022.] |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by Jermaine J. McGinnis. (JHF) [Transferred from New York Western on 7/11/2022.] |
| Filing 3 Vacated per #6 Order. JUDGMENT administratively terminating the case. Signed by Clerk on 5/23/22. (JHF) Modified on 7/11/2022 (JHF). [Transferred from New York Western on 7/11/2022.] |
| Clerk mailed copy of #3 Judgment and motion to proceed in forma pauperis form to pro se plaintiff. (JHF) [Transferred from New York Western on 7/11/2022.] |
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Filing 2
ORDER: IT IS HEREBY ORDERED that the Clerk of Court shall administratively terminate this action without filing the Complaint or assessing a filing fee; and it is furtherORDERED that the Clerk of Court is directed to send to Plaintiff a form motion to proceed in forma pauperis with supporting affirmation; and it is furtherORDERED that if Plaintiff wishes to reopen this action, he shall so notify this Court, in writing, no later than 30 days from the date of this Order. This writing must include either (1) a properly supported motion to proceed in forma pauperis and affidavit or affirmation detailing Plaintiff's assets and liabilities and swearing under oath that he is unable to pay the $350.00 filing fee and 52.00 administrative fee or (2) the $350.00 filing fee and the $52.00 administrative fee ($402.00 total); and it is furtherORDERED that upon Plaintiff's submission of either (1) a motion to proceed in forma pauperis and affidavit or affirmation detailing his assets and liabilities and swearing under oath that he is unable to pay the $350.00 filing fee and $52.00 administrative fee (2) the $350.00 filing fee and the $52.00 administrative fee ($402.00 total), the Clerk of Court shall reopen this case without further order. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 5/20/2022. copy of order and NEF mailed to plaintiff.(MFM)-CLERK TO FOLLOW UP- [Transferred from New York Western on 7/11/2022.]
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| Filing 1 COMPLAINT against All Defendants, filed by Jermaine J. McGinnis. (Attachments: #1 Civil Cover Sheet)(RE) [Transferred from New York Western on 7/11/2022.] |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms.Prisoner Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline mailed to plaintiff. No IFP or fee received. (RE) [Transferred from New York Western on 7/11/2022.] |
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