Smith v. Hochul et al
| Ken Smith |
| Kathleen C. Hochul, Daniel F. Martuscello, III and Molly Wasow Park |
| 9:2023cv01436 |
| November 16, 2023 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Anne M Nardacci |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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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 U.S. District Judge Anne M. Nardacci on December 13, 2023. {text order served via regular mail on plaintiff}(nas) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis filed by Ken Smith(nas) |
Filing 6
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that plaintiff's IFP application is DENIED as incomplete. ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that, if plaintiff desires to pursue this action, he must, within 30 day sof 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. Signed by U.S. District Judge Anne M. Nardacci on November 20, 2023. {order and blank ifp form served via regular mail on plaintiff}(nas)
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| Filing 5 Case transferred in from District of New York Southern; Case Number 1:23-cv-09865. electronically transferred when case opened |
| 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. (ate) [Transferred from New York Southern on 11/16/2023.] |
| MAILING RECEIPT: Document No: 4. Mailed to: Ken Smith DIN:00A3811 196 Ray Brook Road P.O. Box 110 Ray Brook, NY 12977-0110. (sha) [Transferred from New York Southern on 11/16/2023.] |
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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. 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 an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Laura Taylor Swain on 11/8/2023) (ate) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 11/16/2023.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) [Transferred from New York Southern on 11/16/2023.] |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Ken Smith. (sac) [Transferred from New York Southern on 11/16/2023.] |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Ken Smith. (sac) [Transferred from New York Southern on 11/16/2023.] |
| Filing 1 COMPLAINT against Kathleen C. Hochul, Daniel F. Martuscello, III, Molly Wasow Park. Document filed by Ken Smith. (sac) [Transferred from New York Southern on 11/16/2023.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 11/16/2023.] |
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