Oudekerk v. Hearing Officer Doe et al
| Nicholas Oudekerk |
| Hearing Officer Doe and Commissioner Doe |
| 9:2024cv00111 |
| January 23, 2024 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Anne M Nardacci |
| 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 March 22, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 AMENDED COMPLAINT WITH JURY DEMAND filed by Nicholas Oudekerk. (Attachments: #1 Civil Cover Sheet, #2 Cover letter, #3 Mailing envelope)(meb) |
| Filing 9 Prisoner Trust Fund Account Statement sent by Warren County Correctional Facility. (Mailing envelope included) (meb) |
| Filing 8 Notification to Superintendent of Filing - Provided Sheriff at Warren County Correctional Facility with notice of instant action and a copy of Plaintiff's #5 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb) |
| Filing 7 DECISION AND ORDER: It is hereby ORDERED that plaintiff's IFP Application (Dkt. No. #4 ) is GRANTED; and it is further ORDERED that the Clerk shall provide the Superintendent of the facility that plaintiff has designated as his current location with a copy of plaintiff's inmate authorization form (Dkt. No. #5 ) and notify that official that plaintiff has filed this action and is required to pay to the Northern District of New York the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. 1915; and it is further ORDERED that the Clerk provide a copy of plaintiff's inmate authorization form (Dkt. No. #5 ) to the Financial Deputy of the Clerk's Office; and it is further ORDERED that plaintiff's claims for money damages against the defendants in their official capacities are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) as barred by the Eleventh Amendment; and it is further ORDERED that plaintiff's remaining claims are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 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 directed above within thirty (30) days from the filing date of this Decision and Order; and it is further ORDERED that, if plaintiff timely files an amended complaint, this matter be returned to the Court for further review; and it is further ORDERED that if plaintiff fails to timely file an amended complaint as directed above, the Clerk shall enter judgment indicating that this action is DISMISSED without prejudice without further order of this Court pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted. In that event, the Clerk is directed to close this case. Signed by U.S. District Judge Anne M. Nardacci on 3/6/2024. (Copy served via regular mail)(meb) |
| Set Deadlines: Notice of Compliance Deadline 4/5/2024. Case Review Deadline 5/6/2024. (meb) |
| Filing 6 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 February 9, 2024. {text order served via regular mail on plaintiff}(nas) |
| Filing 5 INMATE AUTHORIZATION FORM by Nicholas Oudekerk. (nas ) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Nicholas Oudekerk(nas) |
Filing 3
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, (1) either (a) pay the $405.00 filing fee in full, or (b) submit a completed and signed IFP application; AND (2) submit a completed and signed inmate authorization form; 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 and a blank inmate authorization form. Signed by U.S. District Judge Anne M. Nardacci on 1/29/2024. (Copy served via regular mail, along with blank forms)(meb)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Nicholas Oudekerk. (Attachments: #1 Proposed Summons)(meb) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Commissioner Doe, Hearing Officer Doe filed by Nicholas Oudekerk. (Attachments: #1 Cover letter, #2 Civil Cover Sheet, #3 Mailing envelope)(meb) |
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