Oudekerk v. Curtis et al
| Nicholas Oudekerk |
| C.O. Curtis and C.O. Baily |
| 9:2024cv00144 |
| January 30, 2024 |
| US District Court for the Northern District of New York |
| Daniel J Stewart |
| Glenn T Suddaby |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
|---|
| Filing 7 MOTION for Leave to Proceed in forma pauperis filed by Nicholas Oudekerk. (Attachments: #1 Proposed Summons, #2 Superintendent's letter) (meb) |
| Filing 6 AMENDED COMPLAINT filed by Nicholas Oudekerk. (Attachments: #1 Civil Cover Sheet)(meb) |
| Filing 5 Notification to Superintendent of Filing - Provided Sheriff at Warren County Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (meb) |
| 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 28 U.S.C. 1915A(b) f or 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 28 U.S.C. 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 U.S. District Judge Glenn T Suddaby on 2/28/2024. (Copy served via regular mail)(meb) |
| Set Deadlines: Notice of Compliance Deadline 3/29/2024. Case Review Deadline 4/29/2024. (meb) |
| Filing 3 INMATE AUTHORIZATION FORM filed by Nicholas Oudekerk. (meb) |
| 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 Baily, Curtis filed by Nicholas Oudekerk. (Attachments: #1 Civil Cover Sheet, #2 Mailing envelope)(meb) |
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