Levesque v. Auburn Correctional Facility, et al
Andre Rene Levesque |
Auburn Correctional Facility, Superintendant Joseph Corey, DSA Nupoli, ORC C. Jirinec, ORC Aguilar, ORC Supervisor Kennedy, Transitional Services Diego, Sgt. John Doe, Andrew Cuomo, Miss Hochel, John Doe, June Doe, DSA Lowe, Inmate Records Coordinator?, Jane Doe, Albany?, Mr. P and School Principal John Doe |
9:2023cv00804 |
July 5, 2023 |
US District Court for the Northern District of New York |
Andrew T Baxter |
Gary L Sharpe |
Glenn T Suddaby |
Prisoner: Civil Rights |
42 U.S.C. § 1983 Prisoner Civil Rights |
None |
Docket Report
This docket was last retrieved on August 23, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 17 DECISION AND ORDER: It is hereby ORDERED that plaintiff's IFP application (Dkt. No. #7 ) is DENIED; and it is further ORDERED that, in the event plaintiff wishes to proceed with this action he must, within THIRTY (30) DAYS of the filing date of this Decision and Order, either (1) pay the statutory filing fee of $402.00 in full or (2) submit an IFP Application outlining his current financial condition and demonstrating economic need; and it is further ORDERED that, upon plaintiff's timely compliance with this Decision and Order, the Clerk shall return the file to the Court for further review; and it is further ORDERED that, if plaintiff does not timely comply with this Decision and Order, the Clerk shall enter judgment indicating that this action is DISMISSED without prejudice without further order of this Court; and it is further ORDERED that the Clerk shall serve a copy of this Decision and Order on plaintiff, together with a blank Application to Proceed IFP. Signed by Senior Judge Gary L. Sharpe on 8/23/2023. (Copy served via regular mail, along with blank forms)(meb) |
Filing 16 TEXT ORDER REASSIGNING CASE. Case reassigned to Senior Judge Gary L. Sharpe for all further proceedings. U.S. District Judge Glenn T Suddaby no longer assigned to case. SO ORDERED by Chief Judge Brenda K. Sannes on 8/23/23. (lmw) (Copy served upon pro se litigant via regular mail) |
Filing 15 Supplement to the #1 Complaint filed by Andre Rene Levesque. (Mailing envelope included) (meb) |
Filing 14 Supplement to the #1 Complaint filed by Andre Rene Levesque. (Attachments: #1 Mailing envelope)(meb) |
Filing 13 NOTICE OF CHANGE OF ADDRESS filed by Andre Rene Levesque. Old Address: Auburn Correctional Facility. New Address: St. Lawrence Psychiatric Center. (Mailing envelope included) (meb) Modified on 7/31/2023 to correct the filing date (meb). |
Filing 12 Case transferred in from District of New York Western; Case Number 6:23-cv-06278. electronically transferred when case opened |
Filing 11 ORDER that this action is hereby transferred to the United States District Court for the Northern District of New York pursuant to 28 U.S.C. 1406(a). This Court makes no ruling as to the sufficiency of the Complaint, nor does it consider the merits of Plaintiff's request to proceed in forma pauperis, ECF Nos. #2 , #7 or Plaintiff's Motion for a temporary restraining order, ECF. No. #8 , the court leaves those issues to the Northern District. The judgment administratively closing this action, ECF No. #4 , is hereby vacated. Signed by Hon. Frank P. Geraci, Jr. on 6/29/2023. (LMD)This was mailed to: Andre Rene Levesque. [Transferred from New York Western on 7/5/2023.] |
Filing 10 Letter Request from Andre Rene Levesque, dated 5/23/2023, to The Honorable Court (Attachments: #1 Envelope) (LMD) [Transferred from New York Western on 7/5/2023.] |
Filing 9 CONTINUATION OF EXHIBITS by Andre Rene Levesque. to #1 Complaint filed by Andre Rene Levesque. (Attachments: #1 Envelope) (LMD) [Transferred from New York Western on 7/5/2023.] |
Filing 8 MOTION for Temporary Restraining Order by Andre Rene Levesque. (Attachments: #1 Envelope) (LMD) [Transferred from New York Western on 7/5/2023.] |
Filing 7 MOTION for Leave to Proceed in forma pauperis with authorization by Andre Rene Levesque.(LMD) [Transferred from New York Western on 7/5/2023.] |
Filing 6 CONTINUATION OF EXHIBITS by Andre Rene Levesque to #1 Complaint filed by Andre Rene Levesque. (LMD) [Transferred from New York Western on 7/5/2023.] |
Mail Returned as name and DIN do not match. Clerk re-mailed Dkt. 3 and 4 after editing the DIN. (LMD) [Transferred from New York Western on 7/5/2023.] |
Filing 5 CONTINUATION OF EXHIBITS by Andre Rene Levesque. to #1 Complaint filed by Andre Rene Levesque. (Attachments: #1 Cover Letter, #2 Envelope)(LMD) [Transferred from New York Western on 7/5/2023.] |
Filing 4 VACATED PER ORDER #11 dated 6/29/2023 and filed 7/5/2023 - JUDGMENT in favor of Auburn Correctional Facility against Andre Rene Levesque. The case is administratively terminated/closed. Signed by Mary C. Loewenguth, Clerk of Court on 5/31/2023. (LMD)This was mailed to: Andre Rene Levesque. Modified on 7/5/2023 (LMD). [Transferred from New York Western on 7/5/2023.] |
Filing 3 ORDER denying without prejudice #2 Motion for Leave to Proceed in forma pauperis, the Clerk of Court shall administratively terminate this action without filing the Complaint or assessing a filing fee; and it is further ORDERED that the Clerk of Court is directed to send to plaintiff a form motion to proceed in forma pauperis with supporting affirmation and it further ORDERED that if plaintiff wishes to reopen this action, he shall notify this Court, in writing, no later than 30 days from the date of this Order. This writing must include either (1) a properly supported motion to procced in forma pauoeris along with the required certification of plaintiff's inmate trust fund account (or the institution equivalent) and authorization form or (2) $350 filing fee and the $52.00 administrative fee ($402.00 total) and itlis further ORDERED that upon Plaintiff's submission of either (1) motion to proceed in forma pauperis along with the required certification of Plaintiff's inmate trust account and authorization form or (2) the $350.00 filing fee and the $52.00 administrative fee ($402.00 total), the Clerk of Court shall reopen this case without further order. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 5/30/2023. (LMD)This was mailed to: Andre Rene Levesque with a form Motion to proceed in forma pauperis with supporting affirmation. [Transferred from New York Western on 7/5/2023.] |
Filing 2 MOTION for Leave to Proceed in forma pauperis by Andre Rene Levesque. (Attachments: #1 envelope)(LMD) [Transferred from New York Western on 7/5/2023.] |
Filing 1 COMPLAINT against Auburn Correctional Facility, filed by Andre Rene Levesque. (Attachments: #1 Civil Cover Sheet and Cover Letter, #2 Envelope)(LMD) [Transferred from New York Western on 7/5/2023.] |
Prisoner Pro Se Packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, Pro Se Handbook and Civil Case Timeline mailed to plaintiff. (LMD) [Transferred from New York Western on 7/5/2023.] |
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (LMD) [Transferred from New York Western on 7/5/2023.] |
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