Baxter v. Saratoga County Correctional Facility et al
| Michael Anthony Baxter |
| Saratoga County Correctional Facility, Colonel Richard J. Emory, C/O John Doe #1, C/O John Doe #2 and c/o John Doe #3 |
| 9:2022cv01225 |
| November 18, 2022 |
| US District Court for the Northern District of New York |
| Gary L Sharpe |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 12
DECISION AND ORDER: ORDERED that plaintiff's IFP application (Dkt. No. #11 ) is GRANTED. ORDERED that plaintiff's claims against Saratoga County C.F. and HIPAA claims are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted. ORDERED that the remaining claims are DISMISSED without prejudice pursuant 28 U.S.C. 1915(e)(2)(B) and 1915A(b) for failure to state a claim upon which relief may be granted. 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. ORDERED that, if plaintiff timely files an amended complaint, this matter be returned to the Court for further review. ORDERED that, if plaintiff fails to timely file an amended complaint as directed, 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) 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 Senior Judge Gary L. Sharpe on January 10, 2023. {order and copy of original complaint served via regular mail on plaintiff}(nas)
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| Filing 11 MOTION for Leave to Proceed in forma pauperis filed by Michael Anthony Baxter(nas, ) |
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Filing 10
DECISION AND ORDER: ORDERED that plaintiff's IFP application (Dkt. No. #6 ) is DENIED. ORDERED that, in the event plaintiff wishes to proceed with this action he must, within THIRTY (30) DAYS of the filing date of this Decision and Order, either (1) pay the statutory filing fee of $402.00 in full or (2) submit an IFP Application outlining his current financial condition and demonstrating economic need. ORDERED that, upon plaintiff's timely compliance with this Decision and Order, the Clerk shall return the file to the Court for further review. ORDERED that, if plaintiff does not timely comply with this Decision and Order, the Clerk shall enter judgment indicating that this action is DISMISSED without prejudice without further order of this Court. ORDERED that the Clerk shall serve a copy of this Decision and Order on plaintiff, together with a blank Application to Proceed In Forma Pauperis and a courtesy copy of thecomplaint. Signed by Senior Judge Gary L. Sharpe on December 13, 2022. {order and referenced documents served via regular mail on plaintiff}(nas )
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| Filing 9 NOTICE of Change of Address by Michael Anthony Baxter Effective Date 12/9/2022 Old Address: Saratoga County Jail New Address: 22 Vanderheyden Street, Apt 305, Troy NY (nas ) Modified on 12/13/2022 (nas, ). |
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Filing 8
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 Senior Judge Gary L. Sharpe on November 28, 2022. {text order (nas, )
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| Filing 7 INMATE AUTHORIZATION FORM by Michael Anthony Baxter. (nas, ) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis filed by Michael Anthony Baxter(nas, ) |
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Filing 5
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that plaintiff's IFP application is DENIED as incomplete. ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action. 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. Signed by Senior Judge Gary L. Sharpe on November 18, 2022. {order and blank forms served via regular mail on plaintiff}(nas)
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| Filing 4 Case transferred in from District of New York Southern; Case Number 1:22-cv-09349. electronically transferred when case opened |
| MAILING RECEIPT: Document No: 3. Mailed to: Michael Anthony Baxter 045192 Saratoga County Correctional Facility Ballston Spa, NY 12020. (dsh) [Transferred from New York Southern on 11/18/2022.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York.(rdz) [Transferred from New York Southern on 11/18/2022.] |
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Filing 3
TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Northern District of New York. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this court. This order closes this case. 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 11/3/22) (rdz) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 11/18/2022.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac) [Transferred from New York Southern on 11/18/2022.] |
| Filing 2 COMPLAINT against C/O John Doe #1, C/O John Doe #2, C/O John Doe #3, Richard J. Emory, Saratoga County Correctional Facility. Document filed by Michael Anthony Baxter..(rdz) [Transferred from New York Southern on 11/18/2022.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Michael Anthony Baxter..(rdz) [Transferred from New York Southern on 11/18/2022.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 11/18/2022.] |
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