Manning v. Onondaga County Sheriff's Office
| Jeddidia L. Manning |
| Onondaga County Sheriff's Office |
| 9:2023cv01241 |
| October 5, 2023 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Gary L Sharpe |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on November 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 Mail Returned as Undeliverable: Regarding the # 7 Text Order sent to Jeddidia L. Manning at 1801 Erie Blvd East, Syracuse, NY 13210. Return to Sender - Not Deliverable as Addressed - Unable to Forward. (meb) |
| Filing 9 Mail Returned as Undeliverable: Regarding the # 7 Text Order sent to Jeddidia L. Manning at the Onondaga County Justice Center. Return to Sender - Not Deliverable as Addressed - Unable to Forward. [The Clerk is re-mailing the # 7 Text Order to plaintiff at his new address.] (meb) |
| Filing 8 NOTICE OF CHANGE OF ADDRESS filed by Jeddidia L. Manning. Old Address: Onondaga County Justice Center. New Address: 1801 Erie Blvd East, Syracuse, NY 13210. (Mailing envelope included) (meb) |
Filing 7
TEXT ORDER: Plaintiff has filed a #6 motion seeking a "Judgment by Default" based on the failure by the Onondaga County Sheriff's Office to respond to the complaint within twenty-one (21) days of filing. By Decision and Order entered on October 27, 2023, all of the claims asserted in the original complaint were dismissed without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A(b) for failure to state a claim upon which relief may be granted, and plaintiff was afforded thirty (30) days to file an amended complaint if he wished to proceed with this action. Dkt. No. #4 ("October Order"). Because none of plaintiff's claims survived the Court's initial review, the Court did not direct service of the complaint. Accordingly, plaintiff's #6 motion for a "Judgment by Default" is denied as premature. See Fed. R. Civ. P. 12 (setting forth the general rule that a defendant must respond to a complaint "within 21 days after being served with the summons and complaint"). In light of plaintiff's submission, his deadline to file an amended complaint in accordance with the October Order is reset to December 8, 2023. In the event plaintiff fails to timely file a signed amended complaint, the Clerk shall enter judgment dismissing this action without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A(b) due to plaintiff's failure to state a claim upon which relief can be granted and to comply with the terms of the October Order, without further order of this Court. Authorized by Senior Judge Gary L. Sharpe on 11/7/2023. (Copy served via regular mail)(meb)
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| Filing 6 MOTION for Default Judgment or to hold defendant in contempt filed by Jeddidia L. Manning. (Attachments: #1 Letter in support, #2 Mailing envelope) (meb) |
| Filing 5 Notification to Superintendent of Filing - Provided Sheriff at Onondaga County Justice Center with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb) |
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Filing 4
DECISION AND ORDER: It is hereby ORDERED that plaintiff's IFP Application (Dkt. No. #2 ) is GRANTED. The Clerk shall provide the superintendent of the facility, designated by plaintiff as his current location, with a copy of plaintiff's authorization form (Dkt. No. #3 ), and notify the official that this action has been filed and that plaintiff is required to pay the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. 1915; and it is further ORDERED that the Clerk shall provide a copy of plaintiff's authorization form (Dkt. No. #3 ) to the Financial Deputy of the Clerk's Office; and it is further ORDERED that plaintiff's Section 1983 claims are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 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 of the filing date of this Decision and Order; and it is further ORDERED that, upon the filing of an amended complaint as directed above, the Clerk shall return the file to this Court for further review; and it is further 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 1915A(b) due to plaintiff's failure to state a claim upon which relief can be granted and to comply with the terms of this Decision and Order, without further order of this Court. Signed by Senior Judge Gary L. Sharpe on 10/27/2023. (Copy served via regular mail)(meb)
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| Set Deadlines: Notice of Compliance Deadline 11/27/2023, Case Review Deadline 12/26/2023. (meb) |
| Filing 3 INMATE AUTHORIZATION FORM filed by Jeddidia L. Manning. (meb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Jeddidia L. Manning. (Attachments: #1 Proposed Summons)(meb) |
| Filing 1 COMPLAINT against Onondaga County Sheriff's Office filed by Jeddidia L. Manning. (Attachments: #1 Civil Cover Sheet)(meb) (Main Document 1 replaced on 10/6/2023 with a version with correctly oriented pages) (meb). |
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| Plaintiff: Jeddidia L. Manning | |
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