Wiley v. The Department of Corrections and Community Supervision et al
| Dontavious Wiley |
| The Department of Corrections and Community Supervision, Caringi, Velie and Edir Thompson |
| 9:2023cv00575 |
| May 11, 2023 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Glenn T Suddaby |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on October 10, 2023. A more recent docket listing may be available from PACER.
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Filing 10
TEXT ORDER RE: #9 Letter Request. Plaintiff is granted an extension of time until August 14, 2023 to submit an amended complaint in compliance with this Court's June 14, 2023 Decision and Order. The Clerk is directed to provide Plaintiff with a copy of his original complaint. Authorized by U.S. District Judge Glenn T. Suddaby on June 27, 2023. {text order and copy of complaint served via regular mail on plaintiff}(nas )
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Filing 9
Letter Motion from Dontavious Wiley requesting copy of complaint and extension of time. (nas )
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Filing 8
Notification to Superintendent of Filing - Provided Superintendent at Five Points 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 that plaintiff's IFP application (Dkt. No. #2 ) is GRANTED. The Clerk is directed to provide the Superintendent 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 Northern District of New York the statutory filing fee of $350.00 in installments, over time, pursuant to 28 U.S.C. 1915. The Clerk is directed to provide a copy of plaintiff's Inmate Authorization Form to the Financial Deputy of the Clerk's Office. Plaintiff's 1983 claims for monetary damages against DOCCS and 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). The remaining 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. DOCCS is DISMISSED as a defendant in this action. 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. 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)(1) 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. Plaintiff's letter motion for an Order directing service by the U.S. Marshal (Dkt. No. #4 ) is DENIED as moot. Signed by U.S. District Judge Glenn T. Suddaby on 6/14/2023. (Copy served upon plaintiff via regular mail) (sal )
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Set Deadlines : Notice of Compliance Deadline 7/14/2023. Case Review Deadline 8/14/2023. (sal )
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Filing 6
Letter from Wiley regarding the original and copy of complaint he submitted. (nas )
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Filing 5
Amended Complaint filed by Plaintiff. (Attachments: #1 proposed pleading with attached copies of ifp and authorization form, #2 envelope)(nas, ) Modified on 5/31/2023 (nas, ).
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Filing 4
Letter Motion from Dontavious Wiley requesting service by the US Marshals. (nas )
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Filing 3
INMATE AUTHORIZATION FORM by Dontavious Wiley. (nas )
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Dontavious Wiley(nas )
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Filing 1
COMPLAINT against Caringi, The Department of Corrections and Community Supervision, Edir Thompson, Velie filed by Dontavious Wiley. (Attachments: #1 Civil Cover Sheet, #2 envelope)(nas )
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