Bayon v. USA
| Carlos Bayon |
| USA |
| 1:2022cv00373 |
| May 18, 2022 |
| US District Court for the Western District of New York |
| Frank P Geraci |
| Personal Property: Other |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 11 TEXT ORDER: In May 2022, this Court directed the Clerk of Court to open a new civil action against the United States on behalf of Carlos Bayon, who was then challenging the seizure of some of his property in connection with his criminal case. See Case No. 18-CR-163, ECF No. 218. The Court also ordered Defendant to pay the filing fee (or seek in forma pauperis status) for the new action, and directed him to file a "an amended complaint in the new civil action in which he (a) specifically identifies each item of property at issue and (b) provides sufficient allegations to state a claim for relief under [Fed. R. Crim. P.] 41(g)." Id. at 2. The amended complaint was due by June 17, 2022. Plaintiff duly submitted the filing fee for the new civil action, which is docketed as Case No. 22-CV-373. Thereafter, Plaintiff (1) filed a motion seeking to add defendants and claims relating to, among other things, the revocation of good time credit and misconduct concerning medical treatment, ECF No. 4; (2) filed a motion requesting that he be imprisoned in Niagara County for the remaining duration of his imprisonment, ECF No. 6; (3) submitted a request for production, ECF No. 7; (4) submitted documentation related to his proposed claims, ECF No. 9; and (5) filed a letter requesting a status update of his case, assistance with his bank account, a "public defender," and an in forma pauperis form, ECF No. 10. However, Plaintiff did not file the amended complaint, as the Court ordered. The Court declines to take any action on Plaintiff's submissions before the filing of the amended complaint, and any relief requested is hereby DENIED WITHOUT PREJUDICE. The Court will provide Plaintiff with another opportunity to comply with the Court's order. Accordingly, by August 19, 2022, Plaintiff shall provide an amended complaint in which he (a) specifically identifies each item of property at issue and (b) provides sufficient allegations to state a claim for relief under Rule 41(g). In the amended complaint, Plaintiff may not add parties or claims that are unrelated to the seizure of his property. See generally Fed. R. Civ. P. 18(a), 20(a)(2), 21; Cossette v. Downstate Corr'l Facility, No. 20-CV-6045, 2020 WL 8768086, at *3 (W.D.N.Y. Apr. 1, 2020). Plaintiff's failure to submit a conforming amended complaint may result in further action by the Court. See Simmons v. Abruzzo, 49 F.3d 83, 87 (2d Cir. 1995) (The district court [] has the power under Fed.R.Civ.P. 41(b) to dismiss a complaint for failure to comply with a court order, treating the noncompliance as a failure to prosecute.).The Clerk of Court is directed to send Plaintiff (1) a copy of this order, (2) an in forma pauperis form, (3) a prisoner complaint form, and (4) the amended complaint instructions. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 7/15/2022. (MFM)-CLERK TO FOLLOW UP- |
| Clerk mailed a copy of 11 Text Order, in forma pauperis form, prisoner complaint form and amended complaint instructions to Plaintiff. (CGJ) |
| Clerk mailed a status letter regarding filing fee to Plaintiff. (CGJ) |
| Filing 10 REPLY to re 2 Text Order, filed by Carlos Bayon. (CGJ) |
| Filing 9 NOTICE by Carlos Bayon. (CGJ) |
| Filing 8 Text Order 2 sent to Plaintiff on June 14, 2022, returned as undeliverable. (RE) |
| Clerk remailed copy of 2 Text Order to Plaintiff's updated address. (CGJ) |
| Filing 6 MOTION to be imprisoned in Niagara County and NOTICE of change of address by Carlos Bayon. (CGJ) |
| Clerk re-mailed copy of 2 Text Order to pro se plaintiff at: Carlos Bayon, 28198055, NEOCC, 2240 Hubbard Road, Youngstown, OH 44505. (JHF) |
| Filing 5 Mail Returned as Undeliverable in re 2 Text Order sent to pro se plaintiff. Reason: Return to Sender. Attempted - Not Known. Unable to Forward. (JHF) |
| Filing 4 Addition of Defendants and NOTICE of Change of Address by Carlos Bayon (CGJ) |
| Filing 3 Mail Returned as Undeliverable: 2 Text Order. Resent to plaintiff at updated address. (RE) |
| Filing fee received: $ 402.00, receipt number ROC013471. (KM) |
| Filing 2 TEXT ORDER: As directed by the Court in Plaintiff's criminal case, No. 18-cr-00163 (Docket Item 218), by June 17, 2022, Plaintiff must submit (1) a properly supported motion to proceed in forma pauperis along with the required certification of his inmate trust fund account (or institutional equivalent) and authorization form, or (2) the $350.00 filing fee and the $52.00 administrative fee ($402.00 total). If Plaintiff fails to do so, the Court will direct the Clerk of Court to administratively terminate the new civil action. In addition, by June 17, 2022, Plaintiff shall file an amended complaint in this action in which he (a) specifically identifies each item of property at issue and (b) provides sufficient allegations to state a claim for relief under Rule 41(g). SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 5/20/2022. text order mailed to plaintiff.(MFM) |
| Filing 1 COMPLAINT against USA, filed by Carlos Bayon. (CGJ) |
| Remark: Plaintiff has been mailed a pro se packet including the case number, privacy notice, consent to proceed before a Magistrate Judge, and a civil case timeline. (CGJ) |
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| Plaintiff: Carlos Bayon | |
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