Acosta v. United States of America
| Wilfredo Alfaro Acosta |
| United States of America |
| 9:2022cv01259 |
| November 28, 2022 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Thomas J McAvoy |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 9
Summons Issued as to United States of America, U.S. Attorney and U.S. Attorney General. (Documents sent to the USAO per the #7 Decision and Order.) (meb)
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Filing 8
Notification to Superintendent of Filing - Provided Warden at RAY BROOK FEDERAL CORRECTIONAL INSTITUTION with notice of instant action and a copy of Plaintiff's #5 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb)
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Filing 7
DECISION AND ORDER: It is hereby ORDERED that plaintiff's in forma pauperis application (Dkt. No. #4 ) is GRANTED; and it is further ORDERED that the Clerk provide the Warden 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; and it is further ORDERED that the Clerk of the Court provide a copy of plaintiff's inmate authorization form to the Financial Deputy of the Clerk's Office; and it is further ORDERED that the FTCA claim against the United States survives the Court's sua sponte review under 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A and requires a response; and it is further ORDERED that the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal, for service on the United States Attorney for the Northern District of New York ("U.S. Attorney's Office"), the Attorney General of the United States in Washington, D.C. and the Federal Bureau of Prisons in Washington, D.C. in accordance with Rule 4(i) of the Federal Rules of Civil Procedure. The Clerk shall also forward a copy of this Order to the U.S. Attorneys Office; and it is further ORDERED that defendant or counsel, shall file a response to the complaint as provided for in the Federal Rules of Civil Procedure. Signed by Senior Judge Thomas J. McAvoy on 12/20/2022. (Copy served via regular mail)(meb)
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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 Senior Judge Thomas J. McAvoy on 12/12/2022. (Copy served via regular mail)(meb)
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Filing 5
INMATE AUTHORIZATION FORM filed by Wilfredo Alfaro Acosta. (meb)
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Filing 4
MOTION for Leave to Proceed in forma pauperis filed by Wilfredo Alfaro Acosta. (Mailing envelope included)(meb)
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Filing 3
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: It is hereby ORDERED that plaintiff's IFP application is DENIED as incomplete; and it is further ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further 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; and it is further ORDERED that, upon plaintiff's compliance with this Order, the Clerk shall reopen the action and forward it to the Court for review; and it is further ORDERED that the Clerk shall serve a copy of this Order on plaintiff along with a blank IFP application and a blank inmate authorization form. Signed by Senior Judge Thomas J. McAvoy on 12/1/2022. (Copy served via regular mail, along with blank forms)(meb)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Wilfredo Alfaro Acosta.(meb)
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Filing 1
COMPLAINT against United States of America filed by Wilfredo Alfaro Acosta. (Attachments: #1 Cover letter and mailing envelope)(meb)
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