Archer v. Fox et al
| Mark Archer |
| Aidan Fox, Tyler Rubera and Tymor Geeler |
| 9:2024cv00002 |
| January 2, 2024 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Mitchell J Katz |
| 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 April 4, 2024. A more recent docket listing may be available from PACER.
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Filing 14
3 copies of "Deposition for Mark Archer.... Violation Date 11/29/2023". (nas )
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Filing 13
Proposed USM-285 forms received from Archer. (nas )
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Filing 12
TEXT ORDER: By Decision and Order entered on January 31, 2024, the Court found that plaintiff's excessive force claims against defendants Fox, Rubera, and Geeler survived sua sponte review and required a response, and directed plaintiff to provide three copies of his complaint for service. See Dkt. No. #7 at 11; see also Dkt. No. #8 . Days later, the Court received the following: (1) a letter from plaintiff wherein he advised, among other things, that certain information contained in his complaint, which was "filled out" by another inmates, was "false[,]" and that he intended to "revise" his pleading to correct the misstatement, Dkt. No. #10 ; and (2) three copies of a "statement" regarding the alleged events that give rise to plaintiff's claims in this action, Dkt. No. 11. The #11 "statement" does not contain a caption, list any intended defendants, or include a request for relief. Thus, the Court declines to accept the #11 "statement" as an amended complaint. In the event plaintiff wishes to amend his complaint, he is advised that any amended complaint must be captioned as such, bear his original signature, and be a complete pleading, which will supersede and replace the original complaint in its entirety. The Clerk is directed to send plaintiff a copy of his original complaint #1 , his #11 statement, and a blank form complaint for his use in preparing an amended complaint if he so desires. Plaintiff shall have thirty days to either return three copies of his complaint for service or file an amended complaint. In the event plaintiff fails to do either, this action may be dismissed pursuant to N.D.N.Y. L.R. 41.2. Authorized by Chief Judge Brenda K. Sannes on February 14, 2024. {text order and referenced documents served via regular mail on plaintiff}( Notice of Compliance Deadline 3/14/2024)(nas)
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Filing 11
Submission from Archer. (nas )
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Filing 10
Letter from Archer. (nas)
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Filing 9
Notification to Superintendent of Filing - Provided Sheriff at Delaware County Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas )
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Filing 8
NOTICE to plaintiff of required copies of complaint for service, due by 3/1/2024. (nas)
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Filing 7
DECISION AND ORDER: ORDERED that #2 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that plaintiff's excessive force claims against defendants Fox, Rubera, and Geeler SURVIVE sua sponte review and require a response. ORDERED that plaintiff's letter request (Dkt. No. #6 ) is DENIED without prejudice. ORDERED that upon receipt from plaintiff of the documents required for service, the Clerk shall issue summonses and forward them, along with three copies of the complaint, to the United States Marshal for service upon defendants Fox, Rubera, and Geeler. The Clerk shall forward a copy of the summonses and complaint by mail to the Delaware County. Signed by Chief Judge Brenda K. Sannes on January 31, 2024. (Attachments: #1 case law cited, #2 case law cited, #3 case law cited, #4 case law cited, #5 case law cited) {order served via regular mail on plaintiff}(nas)
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Filing 6
Letter Motion from Mark Archer requesting injunctive relief. (nas )
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Filing 5
Letter from Archer in support of claims. (nas )
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Filing 4
TEXT ORDER REASSIGNING CASE. Case reassigned to US Magistrate Judge Mitchell J. Katz for all further proceedings. US Magistrate Andrew T Baxter no longer assigned to case. Authorized by Chief Judge Brenda K. Sannes on January 5, 2024. {text order served via regular mail on plaintiff}(nas)
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Filing 3
INMATE AUTHORIZATION FORM by Mark Archer. (nas)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Mark Archer(nas )
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Filing 1
COMPLAINT against Aidan Fox, Tymor Geeler, Tyler Rubera filed by Mark Archer.(nas )
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