Chung v. Board of Parole et al
| Sean M. Chung |
| Board of Parole and Tina Stanford |
| 9:2022cv01236 |
| November 21, 2022 |
| US District Court for the Northern District of New York |
| Daniel J Stewart |
| 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 April 25, 2023. A more recent docket listing may be available from PACER.
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Filing 8
Notification to Superintendent of Filing - Provided Superintendent at Marcy Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (sal)
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Filing 7
DECISION AND ORDER granting plaintiff's #5 Motion for Leave to Proceed in forma pauperis. The Clerk shall provide the superintendent of the facility, designated by plaintiff as his current location, with a copy of plaintiff's authorization form (Dkt. No. #3 ), 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 shall provide a copy of plaintiff's authorization form (Dkt. No. #3 ) to the Financial Deputy of the Clerk's Office. Plaintiff's Section 1983 claims for money damages against the named defendants in their official capacity are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) as barred by the Eleventh Amendment. Plaintiff's remaining Section 1983 claims are DISMISSED without 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. If plaintiff wishes to proceed with this action, he must file an amended complaint as directed above within thirty (30) days from the filing date of this Decision andOrder. 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(e)(2)(B) and 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted. In that event, the Clerk is directed to close this case. Signed by U.S. District Judge Glenn T. Suddaby on 1/17/2023. (Copy served upon plaintiff via regular mail) (sal)
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Set Deadlines : Notice of Compliance Deadline for Plaintiff to file an Amended Complaint 2/16/2023. Case Review Deadline 3/20/2023. (sal )
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Filing 6
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 12/14/2022. (Copy served via regular mail)(meb)
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Filing 5
MOTION for Leave to Proceed in forma pauperis filed by Sean M. Chung. (Attachments: #1 Mailing envelope)(meb)
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Filing 4
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 reopen the 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 11/28/2022. (Copy served upon plaintiff along w/ a blank IFP application via regular mail)(sal)
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Filing 3
INMATE AUTHORIZATION FORM by Sean M. Chung. (nas )
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Sean M. Chung(nas, )
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Filing 1
COMPLAINT against Board of Parole, Tina Stanford filed by Sean M. Chung. (Attachments: #1 envelope)(nas )
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