Clay v. Carter et al
Plaintiff: Dino Victor Clay
Defendant: Kevin M. Carter, Christopher Brechtel, Ayoka Tucker, Kathleen Billanci and Bryon Lockwood
Case Number: 1:2021cv00782
Filed: July 6, 2021
Court: US District Court for the Western District of New York
Presiding Judge: Lawrence J Vilardo
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 21, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 2, 2021 Opinion or Order Filing 3 ORDER granting #2 Motion for Leave to Proceed in forma pauperis; that Plaintiff's section 1995 claim against Nahkema; his section 4101 claims, PKRA claims, and 1988 claims against all defendants; his section 1985 claims and section 1986 claims against Carter and Brechtel; and his section 1983 claims against Carter, Brechtel, Nahkema, Tucker, and Billanci are dismissed; that Plaintiff may amend his remaining claims within 45 days of the date of this order; that the Clerk of the Court shall send to Plaintiff with this order a copy of the original complaint, a blank section 1983 complaint form, and the instructions for preparing an amended complaint; that if Plaintiff does not file an amended complaint within 45 days of the date of this order, the complaint will be dismissed without further order and the Clerk of Court shall close the case; that if the complaint is dismissed because Plaintiff does not file an amended complaint, the Court hereby certifies, under 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and leave to appeal to the Court of Appeals in forma pauperis is denied and further requests to proceed on appeal in forma pauperis should be directed, on motion to the United States Court of Appeals for the Second Circuit; that Plaintiff shall notify the Court in writing if his address changes; that the Court may dismiss the action if Plaintiff fails to do so. Signed by Hon. Lawrence J. Vilardo on 8/2/2021. (JLV) Copy mailed to pro se plaintiff, along with his original complaint, a blank section 1983 complaint form and instructions for preparing an amended complaint.
July 8, 2021 Pro Se Packet Mailed to Plaintiff which included: Privacy Notice, Consent to Proceed Before a Magistrate Judge, Civil Case Timeline, Pro Se Assistance Program Information and ADR Notification. (SG)
July 6, 2021 Filing 2 MOTION for Leave to Proceed in forma pauperis by Dino Victor Clay.(SG)
July 6, 2021 Filing 1 COMPLAINT against Kathleen Billanci, Christopher Brechtel, Kevin M. Carter, Bryon Lockwood, Ayoka Tucker, filed by Dino Victor Clay. (Attachments: #1 Civil Cover Sheet)(SG)

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Plaintiff: Dino Victor Clay
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Defendant: Kevin M. Carter
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Defendant: Christopher Brechtel
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Defendant: Ayoka Tucker
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Defendant: Kathleen Billanci
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Defendant: Bryon Lockwood
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