Kielly v. Miller et al
| Sara Kielly |
| S. Miller and Robert E. Ruger |
| 9:2023cv00717 |
| June 14, 2023 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Anne M Nardacci |
| 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 July 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 6 DECISION AND ORDER: ORDERED that plaintiff's conspiracy claims are DISMISSED without prejudice pursuant to 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted. ORDERED that plaintiff's Eighth Amendment claims survive initial review and require a response. ORDERED that plaintiff is afforded an opportunity to request an order of this Court directing service by the U.S. Marshal and provide payment of the service fee to the U.S.Marshal in full by money order or certified check. ORDERED that upon plaintiff's request for assistance with service of process, the Clerk shall return the file to the Court for further review. ORDERED that if plaintiff does not request for assistance with service of process within twenty (20) days of the filing date of this Decision and Order, the Clerk shall issue a summonses and forward them to plaintiff, who shall be responsible for effecting service of process on defendants. Upon issuance of the summonses, the Clerk shall send a copy of the summonses and complaint to the Office of the New York Attorney General, together with a copy of this Decision and Order via electronic mail only. ORDERED that plaintiff's motion for service (Dkt. No. #4 ) is DENIED with leave to renew. Signed by U.S. District Judge Anne M. Nardacci on July 21, 2023.[Notice of Compliance Deadline 8/14/2023]{order served via regular mail on plaintiff} (nas) |
| Filing 5 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 she 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 Anne M. Nardacci on June 29, 2023. {text order served via regular mail on plaintiff}(nas) |
| Filing fee: check drawn from inmate account from Bedford Hills CF $ 402.00, receipt number 500000576 (nas ) |
| Filing 4 Letter enclosing filing fee and requesting for the US Marshals to effect service on Defendants submitted by Kielly. (nas) |
Filing 3
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that plaintiff's IFP application is DENIED as incomplete. 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, she 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. Signed by U.S. District Judge Anne M. Nardacci on June 16, 2023. {order and blank forms served via regular mail on plaintiff}(nas)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Sara Kielly(nas) |
| Filing 1 COMPLAINT against S. Miller, Robert E. Ruger filed by Sara Kielly. (Attachments: #1 Exhibit(s), #2 envelope, #3 envelope)(nas ) |
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