Walker v. Capra et al
| Gerald Walker |
| DSS Thorpe, Superintendent Uhler, DSS Bishop, SORC Manuel, Velez, Commissioner Anthony Annucci, Demers, Captain John Doe and Captain Dixon |
| Michael Capra |
| 9:2022cv01133 |
| November 1, 2022 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Glenn T Suddaby |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 2, 2023. A more recent docket listing may be available from PACER.
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Filing 10
Notification to Superintendent of Filing - Provided Superintendent at Upstate Correctional Facility with notice of instant action and a copy of Plaintiff's #5 Inmate Authorization Form. USDC/NYND Finance Dept notified. (Attachments: #1 Inmate Authorization)(sal)
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Filing 9
DECISION AND ORDER that the Clerk provide the Superintendent of the facility, designated by plaintiff as his current location, with a copy of plaintiff's inmate authorization form, 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 of the Court provide a copy of plaintiff's inmate authorization form to the Financial Deputy of the Clerk's Office. 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 the remainder of this action is DISMISSED without prejudice without further order of this Court pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b)(1) 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. The Clerk shall serve a copy of this Decision and Order on plaintiff, together with a copy of the original complaint. Signed by U.S. District Judge Glenn T. Suddaby on 11/28/2022. (Copy of Decision and Order along w/ the original complaint provided to plaintiff). (sal )
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Set Deadlines : Notice of Compliance Deadline 12/28/2022. Case Review Deadline 1/30/2023. (sal)
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Filing 8
Case transferred in from District of New York Southern; Case Number 1:22-cv-07638. electronically transferred when case opened
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MAILING RECEIPT: Document No: 7. Mailed to: Gerald Walker DIN:98A2082 P.O. Box 2001 Malone, NY 12953. (dsh) [Transferred from New York Southern on 11/1/2022.]
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PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Superintendent Uhler, Deputy Superintendent of Programs Demers, "DSS Bishop, Captain John Doe only, from the U.S.D.C. Southern District of New York to the United States District Court - Northern District of New York.(rdz) [Transferred from New York Southern on 11/1/2022.]
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Filing 7
ORDER TO AMEND: The Court severs from this action Plaintiff's claims, against Superintendent Uhler, Deputy Superintendent of Programs Demers, "DSS Bishop," and Captain John Doe (the "Upstate defendants"), arising at Upstate Correctional Facility. The Clerk of Court is directed to transfer the claims against the Upstate defendants to the United States District Court for the Northern District of New York. As to the remaining claims arising at Sing Sing, Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within 60 days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 22-CV-7638 (LTS). An Amended Civil Rights Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, Plaintiff's Section 1983 claims will be dismissed for failure to state a claim, with the exception of Plaintiff's due process claim. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED (Signed by Judge Laura Taylor Swain on 10/24/22) (rdz) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 11/1/2022.]
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MAILING RECEIPT: Document No: 6. Mailed to: Superintendent, Upstate Correctional Facility, P.O. Box 2001, Malone, NY 12953 (kh) Modified on 9/23/2022 (kh). [Transferred from New York Southern on 11/1/2022.]
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MAILING RECEIPT: Document No: 6. Mailed to: Gerald Walker DIN:98A2082 P.O. Box 2001 Malone, NY 12953. (kh) [Transferred from New York Southern on 11/1/2022.]
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Filing 6
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Laura Taylor Swain on 9/22/2022) (vn) [Transferred from New York Southern on 11/1/2022.]
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Filing 5
PRISONER AUTHORIZATION. Document filed by Gerald Walker.(sc) [Transferred from New York Southern on 11/1/2022.]
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Filing 4
LETTER addressed to Judge Laura Taylor Swain from Gerald Walker, re: The Grievance Staff has been preventing me from exhausting my administrative remedies numerous times and, although I appeal to CORC, it is very rare that a final determination is given or, that that determination is reflective of the facts complained about. So, I am sending the Poor Person's Papers for my 22cv7638(LTS) because I want the opportunity to be heard. Document filed by Gerald Walker.(sc) [Transferred from New York Southern on 11/1/2022.]
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Filing 3
APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Gerald Walker.(sc) [Transferred from New York Southern on 11/1/2022.]
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MAILING RECEIPT: Document No: 2. Mailed to: Gerald Walker DIN:98A2082 P.O. Box 2001 Malone, NY 12953. (kh) [Transferred from New York Southern on 11/1/2022.]
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Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 10/11/2022. In Forma Pauperis (IFP) Application due by 10/11/2022. Prisoner Authorization Form due by 10/11/2022. (Signed by Judge Laura Taylor Swain on 9/8/2022) (sha) [Transferred from New York Southern on 11/1/2022.]
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (aea) [Transferred from New York Southern on 11/1/2022.]
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Filing 1
COMPLAINT against Anthony Annucci, Bishop, Michael Capra, Demers, Dixon, John Doe, Manuel, Thorpe, Uhler, Velez. Document filed by Gerald Walker. (sac) [Transferred from New York Southern on 11/1/2022.]
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Case Designated ECF. (sac) [Transferred from New York Southern on 11/1/2022.]
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