Carter v. Miller et al
| David Carter |
| Christopher Miller, Corey, Arquette, C.O. McPheron and C.O. John Doe |
| 9:2022cv01086 |
| October 20, 2022 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 22, 2022. A more recent docket listing may be available from PACER.
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Filing 21
Letter Motion from David Carter requesting ifp status. (nas, )
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Filing 20
NOTICE of Change of Address by David Carter Effective Date 12/1/2022 Old Address: Marcy Correctional Facility New Address: Great Meadow Correctional Facility (nas)
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Filing 18
TEXT ORDER: Plaintiff's letter motion requesting a stay of this action (Dkt. No. #17 ) is DENIED. However, the Court extends the deadline for plaintiff to pay the filing fee in full for thirty days. If plaintiff fails to pay the filing fee in full within thirty days of the date of this Text Order, the Clerk is directed to enter judgment, without further order of this Court, indicating that this action is DISMISSED without prejudice. Authorized by U.S. District Judge Mae A. D'Agostino on December 1, 2022.[Deadline is 1/3/2023]{text order served via regular mail on plaintiff}. (nas)
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Filing 19
MOTION for Reconsideration of #15 Order filed by Carter. (nas, )
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Filing 17
Letter Motion from David Carter requesting a stay and an extension of time. (nas )
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Filing 16
Submission from Carter. (nas, )
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Filing 15
DECISION AND ORDER: ORDERED that plaintiff's IFP status is REVOKED pursuant to 28 U.S.C. 1915(g) because plaintiff has three "strikes" and is not entitled to the "imminent danger" exception. ORDERED that this action shall be DISMISSED unless, within thirty (30) days of the date of this Decision and Order, plaintiff pays the Court's filing fee of four hundred and two dollars ($402.00) in full. ORDERED that, upon plaintiff's timely payment of the full filing fee, the Clerk shall return the file to this Court for review of the complaint in accordance with 28 U.S.C. 1915A. ORDERED that if plaintiff fails to pay the filing fee in full within thirty days of the date of this Decision and Order, the Clerk is directed to enter judgment, without further order of this Court, indicating that this action is DISMISSED without prejudice. Signed by U.S. District Judge Mae A. D'Agostino on November 9, 2022. ( Notice of Compliance Deadline 12/9/2022, Case Review Deadline 1/9/2023){order served via regular mail on plaintiff} (nas)
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Filing 14
Submission from EDNY of documents they received from Cater consisting of a memo of law and request for a pro se manual. (nas)
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Filing 13
Submission from Carter. (nas, )
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Filing 12
MOTION to Compel filed by David Carter.(nas, )
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Filing 11
Case transferred in from District of New York Eastern; Case Number 1:22-cv-04369. electronically transferred when case opened
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Filing 10
TRANSFER ORDER: The Clerk of Court is hereby directed to transfer this action to the United States District Court for the Northern District of New York. 28 U.S.C. 1391(b); 1406(a). No summons shall issue from this Court. The Court notes that Plaintiff failed to submit a request to proceed in forma pauperis and Prison Litigation Reform Act authorization form. That provision of Rule 83.1 of the Local Rules of the Eastern District of New York which requires a seven-day delay is waived. SO ORDERED by Magistrate Judge Lois Bloom, on 10/20/2022. C/mailed to pro se Plaintiff. Case transferred electronically to the United States District Court for the Northern District of New York via CM/ECF Extract Civil Case. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (WL) [Transferred from New York Eastern on 10/21/2022.]
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Filing 9
Letter MOTION for Discovery filed (Recv'd. on 10/17/22) by David Carter. (ML) [Transferred from New York Eastern on 10/21/2022.]
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ORDER: Plaintiff's motion #7 for leave to proceed in forma pauperis is GRANTED. The United States Marshals Service is respectfully respected to effectuate service on Defendants without prepayments of fees. The Clerk of the Court is respectfully requested to serve a copy of this Order on pro se Plaintiff. Ordered by Judge LaShann DeArcy Hall on 10/6/2022. (EW) [Transferred from New York Eastern on 10/21/2022.]
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Filing 8
"Prisoner Authorization" filed by pro se David Carter, dated 9/15/2022. (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 10/21/2022.]
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Filing 7
MOTION for Leave to Proceed in forma pauperis filed by pro se David Carter, dated 9/15/2022. (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 10/21/2022.]
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Filing 6
Letter dated August 30, 2022 from pro se David Carter to Judge LaShann DeArcy Hall, enclosing Plaintiff's letters regarding his request for protective custody, etc. W/Attachments. (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 10/21/2022.]
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Filing 5
NOTICE Request for teleconference by David Carter (Herrera, Isaiah) [Transferred from New York Eastern on 10/21/2022.]
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Filing 4
Letter from David Carter to Judge DeArcy Hall dated 8/21/2022 re: financial compensation request. (Herrera, Isaiah) [Transferred from New York Eastern on 10/21/2022.]
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Filing 3
Letter dated July 21, 2022 to Judge DeArcy Hall from David Carter. (Morales, James) [Transferred from New York Eastern on 10/21/2022.]
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Filing 2
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from New York Eastern on 10/21/2022.]
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Filing 1
COMPLAINT against All Defendants, filed by David Carter. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) [Transferred from New York Eastern on 10/21/2022.]
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