Barrett v. Ballard et al
| Andrew Barrett |
| D. Ballard, T. Trombley and S. Snomea |
| 9:2023cv00113 |
| January 27, 2023 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Daniel J Stewart |
| 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 March 9, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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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 #5 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
Filing 7
DECISION AND ORDER: ORDERED that Plaintiff's IFP Application (Dkt. No. #4 ) is CONDITIONALLY GRANTED. ORDERED that The portion of the complaint seeking injunctive relief is DISMISSED without prejudice. ORDERED that Plaintiff's Eighth Amendment claims for money damages against defendants Ballard, Trombley, and Snomea SURVIVE sua sponte review and require a response. Upon receipt from plaintiff of the documents required for service, the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon defendants Ballard, Trombley, and Snomea. The Clerk shall forward a copy of the summons and complaint by electronic mail to the Office of the New York State Attorney General, together with a copy of this Decision and Order. Signed by Judge David N. Hurd on March 9, 2023. {order served via regular mail on plaintiff} (nas)
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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 Judge David N. Hurd on February 3, 2023. {text order served via regular mail on plaintiff}(nas)
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| Filing 5 INMATE AUTHORIZATION FORM by Andrew Barrett. (nas ) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Andrew Barrett (Attachments: #1 envelope)(nas, ) |
| Filing 3 Letter from Barrett advising he is at Marcy Correctional Facility. (nas, ) |
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Filing 2
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: 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, either (1) pay the $402.00 filing fee in full; or (2) submit a completed and signed IFP application. ORDERED that, in the event plaintiff chooses to file an IFP application, it must be accompanied by a signed inmate authorization form in accordance with the Court's Local Rules. Signed by Judge David N. Hurd on January 30, 2023. {order and blank forms served via regular mail on plaintiff}(nas, )
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| Filing 1 COMPLAINT against D. Ballard, S. Snomea, T. Trombley filed by Andrew Barrett.(nas ) |
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