Hicks v. Walker et al
Antwan Hicks |
Sgt. L. Walker, II, John Doe #1, John Doe #2, John Doe #3 and NYSDOC Transit |
9:2023cv00853 |
July 17, 2023 |
US District Court for the Northern District of New York |
Andrew T Baxter |
Mae A D'Agostino |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
None |
Docket Report
This docket was last retrieved on December 26, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 7 Notification to Superintendent of Filing - Provided Superintendent at Clinton Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas) |
Filing 6 DECISION AND ORDER: ORDERED that #2 Motion for Leave to Proceed in forma pauperis is GRANTED. ORDERED that plaintiff's Section 1983 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. In light of the dismissal of plaintiff's federal claims, the Court declines to exercise supplemental jurisdiction over any state law claims at this juncture. ORDERED that plaintiff's Motion for Counsel (Dkt. No. #4 ) is DENIED without prejudiceand with leave to renew. ORDERED that if plaintiff wishes to proceed with this action he must file an amended complaint within thirty (30) days of the filing date of this Decision and Order. ORDERED that upon the filing of an amended complaint as directed, the Clerk shall return the file to this Court for further review. ORDERED that in the event plaintiff fails to file a signed amended complaint within thirty (30) days of the filing date of this Decision and Order, the Clerk shall enter judgment dismissing this action without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) due to plaintiff's failure to state a claim upon which relief can be granted and tocomply with the terms of this Decision and Order, without further order of this Court. Signed by U.S. District Judge Mae A. D'Agostino on August 16, 2023. {order served via regular mail on plaintiff}(nas ) |
Set Deadlines/Hearings: Notice of Compliance Deadline 9/18/2023 Case Review Deadline 10/16/2023 (nas, ) |
Filing 5 NOTICE OF CHANGE OF ADDRESS by Antwan Hicks Effective Date July 19, 2023 Old Address: Upstate Correctional Facility New Address: Clinton Correctional Facility (nas ) |
Filing 4 MOTION to Appoint Counsel filed by Antwan Hicks.(nas ) |
Filing 3 INMATE AUTHORIZATION FORM by Antwan Hicks. (nas ) |
Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Antwan Hicks(nas ) |
Filing 1 COMPLAINT against John Doe #1, John Doe #2, John Doe #3, NYSDOC Transit, L. Walker, II filed by Antwan Hicks. (Attachments: #1 Civil Cover Sheet, #2 envelope)(nas ) |
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