Shoga v. Stanton et al
| Alex Shoga and Alex R. Shoga, Jr. |
| Dave Stanton, Adam Wilcox, Jon Gillette, Allen Riley and J. Ellis |
| 9:2023cv00891 |
| July 24, 2023 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Brenda K Sannes |
| 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 August 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 Notification to Superintendent of Filing - Provided Sheriff at Broome County Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb) |
Filing 7
DECISION AND ORDER: It is hereby ORDERED that plaintiff's IFP application (Dkt. No. #2 ) is GRANTED; and it is further ORDERED that the Clerk 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; and it is further ORDERED that the Clerk of the Court provide a copy of plaintiff's Inmate Authorization Form to the Financial Deputy of the Clerk's Office; and it is further ORDERED that plaintiff's Section 1983 claims for monetary damages against defendants in their official capacity are DISMISSED with prejudice for failure to state a claim upon which relief may be granted; and it is further ORDERED that the remaining claims are DISMISSED without prejudice pursuant 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; and it is further ORDERED that 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; and it is further ORDERED that, if plaintiff timely files an amended complaint, this matter be returned to the Court for further review; and it is further ORDERED that if plaintiff fails to timely file an amended complaint as directed above, the Clerk shall enter judgment indicating that the remainder of 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) 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; and it is further ORDERED that plaintiff's motion for preliminary injunctive relief (Dkt. No. #4 ) is DENIED; and it is further ORDERED that the Clerk provide plaintiff with copies of the unpublished decisions cited herein in accordance with the Second Circuit decision in Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009) (per curiam); and it is further ORDERED that the Clerk serve a copy of this Decision and Order on plaintiff, together with a copy of the original complaint. Signed by Chief Judge Brenda K. Sannes on 8/24/2023. (Attachments: #1 Case law) (Copy served via regular mail)(meb)
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| Filing 6 Letter checking on the status of this case filed by Alex Shoga. (Mailing envelope included) [The Clerk notes that this letter crossed in the mail with the docket sheet sent in response to the #5 Letter.] (meb) |
| Filing 5 Letter checking on the status of this case filed by Alex Shoga. (Mailing envelope included) [The Clerk is sending plaintiff a copy of the docket sheet via regular mail.] (meb) |
| Filing 4 MOTION for Preliminary Injunction filed by Alex Shoga. (nas ) |
| Filing 3 INMATE AUTHORIZATION FORM by Alex Shoga. (nas ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Alex Shoga (Attachments: #1 proposed summons and proposed 285 forms)(nas) |
| Filing 1 COMPLAINT against J. Ellis, Jon Gillette, Allen Riley, Dave Stanton, Adam Wilcox filed by Alex Shoga. (Attachments: #1 cover letter, #2 Civil Cover Sheet, #3 envelope)(nas ) |
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