Walker et al v. New York State Department of Correction and Community Supervision et al
| Carlton Walker and Jermell Mclean |
| New York State Department of Correction and Community Supervision, Anthony J. Annucci, Brian Fisher, Glenn S. Goord, Lucien J. LeClaire, Jr., Thomas A. Coughlin, Jeff McKoy, John J. Nuttal, Division of Ministerial, Family and Volunteer Services for DOCCS, Cheryl Morris, Central Office Review Committee, Karen R. Bellamy, Shelly Mallozzi, Thomas G. Eagen, Ba Beta Kristiyan Church, Abuna Ascento Foxe, Marcia Stewart, Daniel A. Senkowski, Dennis A. McGuire, Floyd G. Bennett, Jr., Robert Guzman, John J. Burge, H.D. Graham, Ronald F. Nelson, David Stallone, Michael E. Giambruno, Wayne Rose, Mark Bradt, Gerald R. Elmore, M. Malenski, Lt. Wanke, Bilal Abdullah, Brian Walkowiak, James Berbary, J. Thompson, Kathleen K. Gerbing, Stacie Bennett, Bruce S. Yelich, S. Barton, S. Danforth, C. Tourville and F. Quimby |
| 9:2023cv00206 |
| February 16, 2023 |
| US District Court for the Northern District of New York |
| Gary L Sharpe |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 9
TEXT ORDER: Plaintiff Mclean has filed an application to proceed in forma pauperis [Dkt. No. 3] and has also submitted a check in the amount of the $402.00, with a letter [Dkt. No. 6] advising that the payment is for Plaintiff Walker's filing fee. Pursuant to Section III(2)(e) of New York State Department of Corrections and Community Supervision Directive #2798, inmates are prohibited from transferring funds from one account to another "without the specific approval of the facility Superintendent(s)." Plaintiff Mclean's attempted payment of Plaintiff Walker's filing fee is, in effect, a transfer of funds. Furthermore, the Court has no reason to conclude that the Superintendent at Plaintiff Mclean's facility approved of a payment by Plaintiff Mclean for the benefit of Plaintiff Walker. Accordingly, the Clerk is directed to return Plaintiff Mclean's check to his facility. Plaintiff Walker shall have thirty (30) days to comply with the filing fee requirement in this case. Should he fail to do so, he will be dismissed from this action in accordance with the Court's Decision and Order entered on March 8, 2023. See Dkt. No. 2. Authorized by Senior Judge Gary L. Sharpe on April 13, 2023. {text order served via regular mail on plaintiffs}( Notice of Compliance Deadline 5/15/2023)(nas)
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Filing 8
Letter from Walker regarding receipt of the filing fee on his behalf. (nas, )
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Filing 7
Letter from Walker regarding the filing fee. (nas, )
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Filing 6
Letter from Mclean enclosing filing fee on behalf of Plaintiff Walker. (Attachments: #1 envelope)(nas, )
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Filing 5
Letter from Mclean advising that he will be forwarding the filing fee on behalf of Plaintiff Walker in a separate mailing. (nas, )
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Filing 4
INMATE AUTHORIZATION FORM by Jermell Mclean. (nas, )
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Filing 3
MOTION for Leave to Proceed in forma pauperis filed by Jermell Mclean(nas, )
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Filing 2
DECISION AND ORDER: ORDERED that Walker and McLean must each individually, within thirty (30) days from the date of the filing of this Decision and Order, either (a) pay the Court's filing fee of four hundred and two dollars ($402.00) in full or (b) submit a completed, signed and certified IFP application and a signed inmate authorization form reflecting his individual consent to pay the $350.00 filing fee over time, in installments. ORDERED that, if, within the time period specified, Walker and/or McLean fail to comply with the terms of this Decision and Order delineated above, the non-compliant individual will be dismissed from this action without prejudice without further Order of thisCourt. ORDERED that, upon full compliance with this Decision and Order or at the expiration of the time set to comply, whichever is earlier, the Clerk shall return this file to the Court for further review. ORDERED that the Clerk shall send each plaintiff a copy of this Decision and Order, together with a blank IFP application and inmate authorization form. Signed by Senior Judge Gary L. Sharpe on March 8, 2023. ( Notice of Compliance Deadline 4/10/2023, Case Review Deadline 5/8/2023) {order and referenced documents served via regular mail on plaintiffs}(nas)
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Filing 1
COMPLAINT against Bilal Abdullah, Anthony J. Annucci, Ba Beta Kristiyan Church, S. Barton, Karen R. Bellamy, Floyd G. Bennett, Jr, Stacie Bennett, James Berbary, Mark Bradt, John J. Burge, Central Office Review Committee, Thomas A. Coughlin, S. Danforth, Division of Ministerial, Family and Volunteer Services for DOCCS, Thomas G. Eagen, Gerald R. Elmore, Brian Fisher, Abuna Ascento Foxe, Kathleen K. Gerbing, Michael E. Giambruno, Glenn S. Goord, H.D. Graham, Robert Guzman, Lucien J. LeClaire, Jr, M. Malenski, Shelly Mallozzi, Dennis A. McGuire, Jeff McKoy, Cheryl Morris, Ronald F. Nelson, New York State Department of Correction and Community Supervision, John J. Nuttal, F. Quimby, Wayne Rose, Daniel A. Senkowski, David Stallone, Marcia Stewart, J. Thompson, C. Tourville, Brian Walkowiak, Lt. Wanke, Bruce S. Yelich filed by Jermell Mclean, Carlton Walker. (Attachments: #1 part 2, #2 part 3, #3 part 4, #4 part 5, #5 part 6, #6 cover letter, #7 envelope)(nas )
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