Sheard v. Sheahan, et al
| David Sheard |
| H. Martin, Michael Sheahan and S. King |
| 6:2018cv06553 |
| July 30, 2018 |
| US District Court for the Western District of New York |
| Rochester Office |
| XX US, Outside State |
| Charles J Siragusa |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 8 Case transferred in from District of New York Northern; Case Number 9:18-cv-00596. |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. Consent form and privacy notice mailed to plaintiff. (TF) |
Filing 7
DECISION AND ORDER: ORDERED that #4 Motion for Leave to Proceed in forma pauperis is granted. ORDERED, that pursuant to Fed. R. Civ. P. 21 and 28 U.S.C. 1404(a), the following defendants and all claims against them, are severed and transferred to the Southern District of New York: Thomas Griffin, Jaifa Collado, David Howard, and M. Kopp. ORDERED, that pursuant to Fed. R. Civ. P. 21 and 28 U.S.C. 1404(a), the following defendants and all claims against them, are severed and transferred to the Western District of New York: Michael Sheahan, H. Martin, and S. King. ORDERED, that no ruling is made as to the sufficiency of the Complaint with respect to the claims that have been severed and transferred to the Southern District and Western District, leaving that determination to the Southern and Western Districts of New York. ORDERED that if Plaintiff wishes to proceed with this action, he must file an Amended Complaint as set forth within thirty (30) days from the date of the filing of this Decision and Order. ORDERED that, if Plaintiff timely files an Amended Complaint, this matter be returned to the Court for further review. ORDERED that if Plaintiff fails to timely file an Amended Complaint as directed, the Clerk shall enter judgment indicating that the remainder of this action is DISMISSED without prejudice without further order of this Court pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b)(1) for failure to state a claim upon which relief may be granted and for failure to comply with this Decision and Order. In that event, the Clerk is directed to close this case. Signed by Senior Judge Thomas J. McAvoy on 7/27/18. {order and copy of complaint served via regular mail on plaintiff}(nas) [Transferred from nynd on 7/30/2018.]
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| Notification to Superintendent of Filing - Provided Superintendent at Eastern NY Correctional Facility with notice of instant action and a copy of Plaintiff's #5 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) [Transferred from nynd on 7/30/2018.] |
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Filing 6
TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, and plaintiff was directed to respond to the Order if s/he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by Senior Judge Thomas J. McAvoy on 6/6/18. {text order served via regular mail on plaintiff}(nas, ) [Transferred from nynd on 7/30/2018.]
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| Filing 5 INMATE AUTHORIZATION FORM by David Sheard. (nas, ) [Transferred from nynd on 7/30/2018.] |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by David Sheard. (nas, ) [Transferred from nynd on 7/30/2018.] |
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Filing 3
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that plaintiff's IFP Application is DENIED as incomplete. ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that if plaintiff desires to pursue this action, he must so notify the Court WITHIN THIRTY (30) DAYS of the filing date of this Order and either (1) pay the full $400.00 filing fee for civil actions or (2) submit a completed and signed IFP Application that has been certified by an appropriate official at his facility. Signed by Senior Judge Thomas J. McAvoy on 5/23/18. {order and blank ifp and authorization forms served via regular mail on plaintiff}(nas, ) [Transferred from nynd on 7/30/2018.]
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| Filing 2 MOTION for Leave to Proceed in forma pauperis and Inmate Authorization Form filed by David Sheard. (nas, ) [Transferred from nynd on 7/30/2018.] |
| Filing 1 COMPLAINT against Anthony J. Annucci, Jaifa Collado, Harold D. Graham, Thomas Griffin, David Howard, S. King, M. Kopp, H. Martin, Michael Sheahan, State of New York Department of Corrections and Community Supervision filed by David Sheard. (Attachments: #1 Civil Cover Sheet, #2 envelope)(nas, ) [Transferred from nynd on 7/30/2018.] |
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