Napper v. State of New York et al
| Lawrence Napper |
| The State of New York, Governor Andrew Cuomo, Jeff McKoy and Anthony Annucci |
| 1:2021cv00644 |
| May 19, 2021 |
| US District Court for the Western District of New York |
| Lawrence J Vilardo |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Mail Returned as Undeliverable. Pro se packet sent to Lawrence Napper. (JLV) |
| Filing 10 JUDGMENT in favor of The State of New York, Andrew Cuomo, Anthony Annucci, Jeff McKoy against Lawrence Napper. Signed by Mary C. Loewenguth, Clerk of Court on 5/24/2021. (JLV) Copy mailed to pro se plaintiff. |
Filing 9
ORDER denying #2 Motion for Leave to Proceed in forma pauperis without prejudice; that the Clerk of Court shall administratively terminate this action without filing the complaint or assessing a filing fee; that the Clerk of Court shall send Plaintiff a form motion to proceed in forma pauperis with supporting affirmation; that if Plaintiff wishes to reopen this action, he shall so notify this Court, in writing, no later than 30 days from the date of this order. This writing must include either (a) a properly supported motion to proceed in forma pauperis along with the required certification of his inmate trust fund account (or the institutional equivalent) and authorization form or (b) the $350.00 filing fee and the $52.00 administrative fee ($402.00 total); that upon Plaintiffs submission of either (a) a complete motion to proceed in forma pauperis along with the required certification and authorization form, or (b) the $350.00 filing fee and the $52.00 administrative fee ($402.00 total), the Clerk of Court shall reopen this case. Signed by Hon. Lawrence J. Vilardo on 5/24/2021. (JLV) Copy of order, motion form to proceed in forma pauperis and authorization sent to pro se plaintiff.
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| Filing 8 Mail Returned as Undeliverable. #6 Memorandum & Opinion sent to Lawrence Napper by the Eastern District of New York. (JLV) |
| Filing 7 Case transferred in from District of New York Eastern; Case Number 2:21-cv-01305. |
| Remark: Plaintiff has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, and a civil case timeline. (CGJ) |
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Filing 6
MEMORANDUM & ORDER: Pro se plaintiff, Lawrence Napper ("Plaintiff"), who is presently incarcerated at the Orleans Correctional Facility, filed a civil rights complaint pursuant to 42 U.S.C. 1983 ("Section 1983"), complaining about the conditions of his confinement at that facility. (ECF No. 1.) More specifically, Plaintiff complains about the protocols in place at the Orleans Correctional Facility with regard to the COVID-19 virus. Plaintiff also filed an application to proceed in forma pauperis and a motion to certify a class action because his claims are related to Stewart v. The State of New York, 20-CV-3630(JMA)(SIL).1 (ECF Nos. 2-3.) For the reasons that follow, this action is transferred to the United States District Court for the Western District of New York. Accordingly, the Clerk of Court is directed to transfer this action to the United States District Court for the Western District of New York under Section 1406(a). The Clerk of the Court is further directed to mail a copy of this Order to Plaintiff and to mark this case closed. SEE ATTACHED MEMORANDUM & ORDER for details. So Ordered by Judge Joan M. Azrack on 5/6/2021. c/m to pro se Plaintiff (Coleman, Laurie) [Transferred from nyed on 5/19/2021.]
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| Case transferred to District of Western District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Coleman, Laurie) [Transferred from nyed on 5/19/2021.] |
| Filing 5 Notice of Related Case: 20-cv-3630-JMA-SIL The Civil Cover Sheet filed in this civil action indicates a related case. (Cox, Dwayne) [Transferred from nyed on 5/19/2021.] |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Cox, Dwayne) [Transferred from nyed on 5/19/2021.] |
| Filing 3 MOTION to Certify Class by Lawrence Napper. (Cox, Dwayne) [Transferred from nyed on 5/19/2021.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Lawrence Napper. (Cox, Dwayne) [Transferred from nyed on 5/19/2021.] |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Lawrence Napper. (Attachments: #1 Exhibit, #2 Civil Cover Sheet) (Cox, Dwayne) [Transferred from nyed on 5/19/2021.] |
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