Wiley v. Annucci et al
Plaintiff: Dontavious Wiley
Defendant: Anthony J. Annucci, Joseph H. Noeth, Caringi and Velie
Case Number: 9:2023cv01000
Filed: August 17, 2023
Court: US District Court for the Northern District of New York
Presiding Judge: David N Hurd
Referring Judge: Miroslav Lovric
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 12, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 12, 2023 Filing 9 JUDGMENT: IT IS ORDERED AND ADJUDGED that this action is dismissed without prejudice pursuant to the September 12, 2023 #8 Text Order of Judge David N. Hurd that ORDERED that after review of this action, it has been determined that 9:23-cv-1000 is a duplicative filing of 9:23-cv-575; therefore, it is hereby ORDERED that plaintiff's IFP Application (Dkt. No. #5 ) is DENIED as moot; and it is further ORDERED that this action is DISMISSED without prejudice as duplicative of Wiley v. The Department of Corrections and Community Supervision et al, 9:23-CV-0575 (ATB/TWD). The Clerk is directed to close this action; and is further directed to file a copy of Plaintiff's complaint from 9:23-cv-1000 as an amended complaint in 9:23-cv-575. (Copy served via regular mail) (meb)
September 12, 2023 Opinion or Order Filing 8 TEXT ORDER: Plaintiff was directed to file an amended complaint in the Wiley v. The Department of Corrections and Community Supervision et al (9:23-cv-575 GTS/ATB) case and submitted a complaint which was construed to be a new action and opened as 9:23-cv-1000 (DNH/ML) on 8/17/2023. After review of this action, it has been determined that 9:23-cv-1000 is a duplicative filing of 9:23-cv-575; therefore, it is hereby ORDERED that plaintiff's IFP Application (Dkt. No. #5 ) is DENIED as moot; and it is further ORDERED that this action is DISMISSED without prejudice as duplicative of Wiley v. The Department of Corrections and Community Supervision et al, 9:23-CV-0575 (ATB/TWD). The Clerk is directed to close this action; and is further directed to file a copy of Plaintiff's complaint from 9:23-cv-1000 as an amended complaint in 9:23-cv-575. Authorized by Judge David N. Hurd on 9/12/2023. (Copy served via regular mail)(meb)
August 31, 2023 Opinion or Order Filing 7 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 s/he 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 Judge David N. Hurd on 8/31/2023. (Copy served via regular mail)(meb)
August 31, 2023 Filing 6 INMATE AUTHORIZATION FORM filed by Dontavious Wiley. (meb)
August 31, 2023 Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Dontavious Wiley. (Mailing envelope included)(meb)
August 18, 2023 Opinion or Order Filing 4 ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: It is hereby ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further ORDERED that, if plaintiff desires to pursue this action, he must, within 30 days of the filing date of this Order, either (1) pay the $402.00 filing fee in full; or (2) submit a completed and signed IFP application; and it is further ORDERED that, in the event plaintiff chooses to file an IFP application, it must be accompanied by a signed inmate authorization form in accordance with the Court's Local Rules; and it is further ORDERED that, upon plaintiff's compliance herewith, the Clerk shall reopen this action and forward it to the Court for review; and it is further ORDERED that the Clerk serve a copy of this Order on plaintiff along with a blank IFP application and blank inmate authorization form. Signed by Judge David N. Hurd on 8/18/2023. (Copy served via regular mail, along with blank forms)(meb)
August 17, 2023 Filing 3 Letter Request for the U.S. Marshals to complete service filed by Dontavious Wiley. (meb)
August 17, 2023 Filing 2 Proposed Summonses filed by Dontavious Wiley. (meb)
August 17, 2023 Filing 1 COMPLAINT WITH JURY DEMAND against Anthony J. Annucci, Caringi, Joseph H. Noeth, Velie filed by Dontavious Wiley. (Attachments: #1 Civil Cover Sheet, #2 Mailing envelope)(meb)

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Plaintiff: Dontavious Wiley
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Defendant: Anthony J. Annucci
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Defendant: Joseph H. Noeth
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Defendant: Caringi
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Defendant: Velie
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