Knapp v. Chenango County Sheriff's Office et al
| Christopher Knapp |
| Chenango County Sheriff's Office and Officer Manley |
| 9:2022cv01068 |
| October 17, 2022 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| David N Hurd |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on December 14, 2022. A more recent docket listing may be available from PACER.
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| Filing 18 Notification to Superintendent of Filing - Provided Sheriff at Chenango County Jail with notice of instant action and a copy of Plaintiff's #10 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb) |
Filing 17
DECISION AND ORDER: It is ORDERED that 1. Plaintiff's IFP Application (Dkt. No. #2 ) is CONDITIONALLY GRANTED as set forth above; 2. The Clerk is directed to provide the Superintendent of the facility designated by plaintiff as his current location with a copy of plaintiff's authorization form (Dkt. No. #10 ), and notify the official that this action has been filed and that plaintiff is required to pay to the Northern District of New York the statutory filing fee of $350.00 in installments, over time, pursuant to 28 U.S.C. 1915; 3. The Clerk shall provide a copy of plaintiff's authorization form (Dkt. No. #10 ) to the Financial Deputy of the Clerk's Office; 4. Plaintiff's excessive force claim against defendant Manley SURVIVES sua sponte review; 5. Plaintiff's Section 1983 claim against the Chenango County Sheriff's Office is DISMISSED with prejudice pursuant to 28 U.S.C. 1915A(b) and 28 U.S.C. 1915(e)(2)(B) for failure to state a claim upon which relief may be granted; 6. Plaintiff's Section 1983 claim against Chenango County is DISMISSED without prejudice pursuant to 28 U.S.C. 1915A(b) and 28 U.S.C. 1915(e)(2)(B) for failure to state a claim upon which relief may be granted; 7. The Clerk shall TERMINATE the Chenango County Sheriff's Office from the docket as a defendant in this action; 8. In the event plaintiff wishes to proceed with this action, he must update his complaint to include a request for judicial relief and signature at the end of the document, and resubmit it to the Court within thirty (30) days; 9. To assist plaintiff in updating his complaint, the Clerk shall provide him with a copy of his pleading. Plaintiff may handwrite a request for relief underneath paragraph number 6, at the bottom of page 2, and add his signature underneath his request for relief. Once plaintiff has made these changes, he should return the document to the Court; 10. Upon receipt of an updated pleading from plaintiff, the Clerk shall docket the submission as his complaint and strike the current pleading. Plaintiff is advised that if he fails to timely update his complaint, this action will be dismissed without prejudice, without further Order of the Court; 11. In the event plaintiff timely submits an updated complaint, the Clerk shall issue a summons and forward it, along with a copy of the signed complaint, to the United States Marshal for service upon defendant Manley; 12. The Clerk shall also forward a copy of the summons and complaint by mail to the Chenango County Attorney's Office, together with a copy of this Decision and Order; 13. Upon the completion of service, a response to plaintiff's complaint be filed by defendant Manley, or his counsel, as provided for in the Federal Rules of Civil Procedure; 14. Plaintiff's motion for appointment of counsel (Dkt. No. #3 ) is DENIED without prejudice as set forth above; 15. Plaintiff's Letter Request for Injunctive Relief (Dkt. No. #4 ) is DENIED as set forth above. (Notice of Compliance Deadline 1/13/2023). Signed by Judge David N. Hurd on 12/14/2022. (Copy served via regular mail)(meb)
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| Filing 16 AFFIRMATION regarding his attempts to certify an IFP application filed by Christopher Knapp. (Mailing envelope included) (meb) |
| Filing 15 Letter regarding his ability to get IFP certified filed by Christopher Knapp. (Mailing envelope included) (meb) |
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Filing 14
TEXT ORDER: Plaintiff has also filed a [Dkt. No. #9 ] letter requesting that the Court "amend" the defendants named in the complaint. More specifically, plaintiff seeks to name Chenango County as a defendant in place of the Chenango County Sheriff's Office, and provides the full name of the corrections official identified in the complaint as "Officer Manley". Plaintiff's request is denied at this time as premature. In the event plaintiff complies with the filing fee requirements for this case and the action is re-opened, the amendment requests will be considered in connection with the Court's review of the complaint in accordance with 28 U.S.C. 1915(e)(2) and 1915A. Authorized by Magistrate Judge Therese Wiley Dancks on 11/7/2022. (Copy served via regular mail)(meb)
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Filing 13
TEXT ORDER: Plaintiff has filed two letters [Dkt. Nos. #8 , #11 ] regarding his efforts to obtain copes of his inmate account statements in order to comply with the #6 administrative closure order entered on October 18, 2022. Plaintiff states that he has been unable to obtain copies of his account statements or a certification of his in forma pauperis application despite his requests, and asks that the Court order the "jail administration" to provide the necessary documentation. In light of plaintiff's letters, his deadline to comply with the administrative closure order is reset to thirty (30) days from the date of this Order. In an effort to assist plaintiff with compliance, the Clerk is directed to provide him with two copies of the administrative closure order and the docket sheet, so that he may provide this Order and the administrative closure order to the appropriate official at his facility. In the event plaintiff is still unable to obtain the required certification or his account statements for his in forma pauperis application, he will be provided with the opportunity to file an affidavit with the Court outlining the specific efforts he has made with the facility officials, including the dates he spoke with the officials, their names, and what transpired. Insofar as plaintiff's [Dkt. No. #8 , #11 ] letter requests seek any other form of judicial relief, they are denied. Notice of Compliance Deadline 12/7/2022. Authorized by Magistrate Judge Therese Wiley Dancks on 11/7/2022. (Copy served via regular mail)(meb)
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Filing 12
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 11/7/2022. (Copy served via regular mail)(meb)
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| Filing 11 Letter in support of the #8 Letter Request filed by Christopher Knapp. (Mailing envelope included) (meb) |
| Filing 10 INMATE AUTHORIZATION FORM filed by Christopher Knapp. (meb) |
| Filing 9 Letter Request to amend the defendants filed by Christopher Knapp. (Mailing envelope included) (meb) |
| Filing 8 Letter Request for court assistance filed by Christopher Knapp. (Mailing envelope included) (meb) |
| Filing 7 Letter regarding the status of this case filed by Christopher Knapp. (Mailing envelope included) [The Clerk is sending habeas forms as requested.] (meb) |
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Filing 6
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 Senior Judge Thomas J. McAvoy on 10/18/2022. (Copy served via regular mail, along with blank forms)(meb)
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| Filing 5 Letter enclosing proposed summonses filed by Christopher Knapp. (Mailing envelope included) (meb) |
| Filing 4 Letter Request for a temporary restraining order filed by Christopher Knapp. (Mailing envelope included) (meb) |
| Filing 3 MOTION to Appoint Counsel filed by Christopher Knapp.(meb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Christopher Knapp. (Attachments: #1 Proposed Summons, #2 USM-285s)(meb) |
| Filing 1 COMPLAINT against Chenango County Sheriff's Office, Manley filed by Christopher Knapp. (Attachments: #1 Civil Cover Sheet)(meb) |
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