Franks v. Eckert et al
| Shaquan Franks |
| Dr. J. Wolf, William Lee, DSP, Dept. of Security E. Burnett and Superintendent |
| 7:2018cv10205 |
| November 2, 2018 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on December 27, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 LETTER from S. Franks, re: Plaintiff informs the Court that he would like to change his mailing address to the following: 508 Williams Avenue, Apartment #2B, Brooklyn, New York 11207. Document filed by Shaquan Franks.(sc) |
| Mailed a copy of #14 Order, Set Deadlines, to Shaquan Franks 12A1370 WENDE CORRECTIONAL FACILITY Box 1187 Alden, NY 14004-1187. (vba) |
Filing 14
ORDER: Plaintiff shall file his amended complaint by January 25, 2018, using the amended complaint form attached hereto. If plaintiff fails to file an amended complaint or seek additional time to do so by January 25, 2018, the Court will deem his failure to do so to be an abandonment his case, and dismiss the case for failure to prosecute or failure to comply with a court order. See Fed. R. Civ. P. 41(b). Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so. The Clerk is directed to mail a copy of this Order and the amended complaint form attached hereto to the plaintiff at the address on docket. The Court certifies pursuant to 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Amended Pleadings due by 1/25/2019.) (Signed by Judge Vincent L. Briccetti on 12/10/2018) (mml) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (ma) |
| Magistrate Judge Lisa M. Smith is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (ma) |
| Filing 12 CASE TRANSFERRED IN from the United States District Court - District of New York Western; Case Number: 1:18-cv-00589. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Remark: A copy of #1 Complaint has been mailed to Plaintiff, along with a blank 1983 complaint form, and the instructions for preparing an amended complaint. (KLH) [Transferred from New York Western on 11/2/2018.] |
| Filing 11 DECISION AND ORDER that Plaintiff's request to proceed in forma pauperis is granted; that Plaintiff's requests for preliminary injunctive relief, to compel Defendants to answer and for default judgment are denied; that the claims set forth on the Complaint dealing with the Sullivan Correctional Facility are severed and transferred to the Southern District of New York; that the claims set forth on the Complaint dealing with the Eastern Correctional Facility are severed and transferred to the Northern District of New York; that Defendants Superintendent, Burnett, DSP, Lewis, Wolf Lee, Morris, Gusman, Andola, and Russo are terminated from this action, and that that Plaintiff is granted leave to file an amended complaint as directed within 45 days of entry of this Order; that in the event Plaintiff fails to file an amended complaint as directed, the Complaint shall be dismissed with prejudice and the Clerk of Court shall close this case as dismissed without further order; and that in the event the Complaint is dismissed because Plaintiff has failed to file an amended complaint, leave to appeal to the Court of Appeals as a poor person is denied. Signed by Hon. Elizabeth A. Wolford on 10/31/2018. Copy mailed to Plaintiff.(KLH) [Transferred from New York Western on 11/2/2018.] |
| Filing 10 LETTER MOTION for an order to force defendants to answer by Shaquan Franks.(KLH) [Transferred from New York Western on 11/2/2018.] |
| Filing 9 MOTION for Default Judgment by Shaquan Franks.(KLH) [Transferred from New York Western on 11/2/2018.] |
| Filing 8 Letter from Shaquan Franks, dated 9/9/2018, to Clerk. (KLH) [Transferred from New York Western on 11/2/2018.] |
| Filing 7 MOTION for an order compelling defendants to answer by Shaquan Franks. (KLH) [Transferred from New York Western on 11/2/2018.] |
| Filing 6 Letter from Shaquan Franks, dated 8/13/2018, to Clerk. (Status update reply letter sent.) (KLH) [Transferred from New York Western on 11/2/2018.] |
| Filing 5 MOTION for Immediate Injunction by Shaquan Franks.(SG) [Transferred from New York Western on 11/2/2018.] |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by Shaquan Franks.(KLH) [Transferred from New York Western on 11/2/2018.] |
| Filing 3 MOTION for Injunctive Relief by Shaquan Franks.(KLH) [Transferred from New York Western on 11/2/2018.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Shaquan Franks.(KLH) [Transferred from New York Western on 11/2/2018.] |
| Filing 1 COMPLAINT against A. Acevedo, Loricchio Andola, Katherine Bergamasco, E. Burnett, DSP, Stewart Eckert, Jacqueline Elevitt, Betty-Jo Gable, Mikhail Gusman, William Lee, Heidi Lewis(IOB, Eastern Correctional Facility), Heidi Lewis(IOB, Sullivan Correctional Facility), Chreyl Morris, A. Russo, Superintendent, J. Wolf, filed by Shaquan Franks. (Attachments: #1 Civil Cover Sheet)(KLH) [Transferred from New York Western on 11/2/2018.] |
| Remark: Plaintiff has been mailed a pro se packet including Privacy Notice and Consent to Proceed before a Magistrate Judge. (KLH) [Transferred from New York Western on 11/2/2018.] |
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