Harris v. Lilley et al
| Eric Harris |
| Lynn J. Lilley, Cheryl V. Morris, Lynn M. McKeon, Dawn J. Osterdahl, Sherry M. Ellsworth and Shelley Mallozzi |
| 9:2022cv01100 |
| October 24, 2022 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Glenn T Suddaby |
| 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 May 16, 2023. A more recent docket listing may be available from PACER.
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Filing 12
TEXT ORDER granting Plaintiff's #11 letter requesting an extension of time to file an Amended Complaint by March 6, 2023 in compliance with the Court's #10 Decision and Order. 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(A) for failure to state a claim upon which relief may be granted and for failure to comply with the Court's #10 Decision and Order. In that event, the Clerk is directed to close this case. SO ORDERED by U.S. District Judge Glenn T. Suddaby on 12/22/2022. (Copy served upon Plaintiff via regular mail)(sal )
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Filing 11
Letter Request for a 90-day extension of time to file an amended complaint filed by Eric Harris. (Attachments: #1 Mailing envelope)(meb)
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Filing 10
DECISION AND ORDER 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. 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(A) 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. Signed by U.S. District Judge Glenn T. Suddaby on 12/6/2022. (Notice of Compliance Deadline 1/5/2023. Case Review Deadline 2/6/2023) (Copy of Order and complaint served upon plaintiff via regular mail) (sal)
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Filing 9
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 U.S. District Judge Glenn T. Suddaby on 11/15/2022. (Copy served via regular mail)(meb)
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Filing 8
AFFIDAVIT enclosing the filing fee filed by Eric Harris. (Attachments: #1 Mailing envelope)(meb)
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Filing fee received: $402.00, receipt number SYR061672. (meb)
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Filing 7
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, either (1) pay the $402.00 filing fee in full; or (2) submit a completed and signed IFP application. Upon plaintiff's compliance with this Order, the Clerk shall reopenthe 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. Signed by U.S. District Judge Glenn T. Suddaby on 10/25/2022. (Copy served upon plaintiff along with blank IFP application via regular mail)(sal)
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Filing 6
Case transferred in from District of New York Eastern; Case Number 1:22-cv-02248. electronically transferred when case opened
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Filing 5
TRANSFER ORDER: The Defendants are located in Ulster County, within the Northern District of New York. Accordingly, the Court concludes that venue is not proper in the Eastern District of New York, and the case should instead be transferred to the United States District Court for the Northern District of New York. Accordingly, the Clerk of Court is directed to immediately transfer this action to the United States District Court for the Northern District of New York. A ruling on Plaintiff's application to proceed in forma pauperis and enforcement of the Prison Litigation Reform Act is reserved for the transferee Court. That provision of Rule 83.1 of the Local Rules for the Eastern District of New York, which requires a seven-day delay in the transfer of relevant case materials, 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 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 10/25/2022.]
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Filing 4
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. (Davis, Kimberly) [Transferred from New York Eastern on 10/25/2022.]
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Filing 3
Prisoner Authorization (Davis, Kimberly) [Transferred from New York Eastern on 10/25/2022.]
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Eric Harris. (Davis, Kimberly) [Transferred from New York Eastern on 10/25/2022.]
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Filing 1
COMPLAINT against Sherry M. Ellsworth, Lynn J. Lilley, Shelley Mallozzi, Lynn M. McKeon, Cheryl V. Morris, Dawn J. Osterdahl, filed by Eric Harris. (Attachments: #1 Civil Cover Sheet, #2 Affidavit of Service) (Davis, Kimberly) [Transferred from New York Eastern on 10/25/2022.]
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