Hamilton v. Schenk et al
| Derrick M. Hamilton |
| G. Schenk, M. Pettigrass, Sergeant Shaun Purcell, Jakaub, C.J. Klasen and Prison Guard Tanner |
| 9:2023cv01141 |
| September 6, 2023 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 10 Letter Request for permission to amend and supplement filed by Derrick M. Hamilton. (Mailing envelope included) (meb) |
Filing 9
DECISION AND ORDER: It is ORDERED that plaintiff must, within thirty (30) days of the filing date of this Decision and Order, either (1) pay the $402.00 filing fee in full, or (2) submit an IFP Application which has been completed and signed by him and which has been certified by an appropriate official at his facility; In the event plaintiff fails to timely comply with the filing fee requirements set forth in this Decision and Order, this action will be dismissed without prejudice without further Order of this Court; Upon plaintiff's compliance with this Decision and Order, the file shall be returned to the Court for further review; The Clerk shall serve a copy of this Decision and Order on plaintiff. The Clerk is directed to send plaintiff a blank IFP Application; and shall also send plaintiff a second copy of this Decision and Order, which plaintiff may provide to the inmate accounts office at his facility along with his request for certification of his completed and signed IFP Application (and/or certified copies of his inmate account statements). (Notice of Compliance Deadline 11/15/2023, Case Review Deadline 12/15/2023). Signed by Judge David N. Hurd on 10/16/2023. (Copy served via regular mail, along with blank forms)(meb)
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Filing 8
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 10/3/2023. (Copy served via regular mail)(meb)
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| Filing 7 INMATE AUTHORIZATION FORM filed by Derrick M. Hamilton. (Mailing envelope included) (meb) |
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Filing 6
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: It is hereby ORDERED that plaintiff's IFP application is DENIED as incomplete; and it is further 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 upon plaintiff's compliance with this Order, the Clerk shall reopen the action and forward it to the Court for review; and it is further ORDERED that the Clerk shall serve a copy of this Order on plaintiff along with a blank IFP application. Signed by Judge David N. Hurd on 9/6/2023. (Copy served via regular mail, along with blank forms)(meb)
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| Filing 5 Case transferred in from District of New York Southern; Case Number 1:23-cv-07491. electronically transferred when case opened |
| MAILING RECEIPT: Document No: 4. Mailed to: Derrick M. Hamilton 89-A-5202 Attica State Penitentiary Box 149 Attica, NY 14011-0149. (sha) [Transferred from New York Southern on 9/6/2023.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York. (sac) [Transferred from New York Southern on 9/6/2023.] |
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Filing 4
TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Northern District of New York. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this court. This order closes this case in this court. The Court certifies, under 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of anappeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/30/2023) (sac) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 9/6/2023.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (laq) [Transferred from New York Southern on 9/6/2023.] |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Derrick M. Hamilton..(rdz) [Transferred from New York Southern on 9/6/2023.] |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Derrick M. Hamilton..(rdz) [Transferred from New York Southern on 9/6/2023.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 9/6/2023.] |
| Filing 1 COMPLAINT against Jakaub, C.J. Klasen, M. Pettigrass, Shaun Purcell, G. Schenk, Tanner. Document filed by Derrick M. Hamilton..(rdz) [Transferred from New York Southern on 9/6/2023.] |
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