Jhagroo v. Collins Correctional Facility et al
| Ryan Jhagroo |
| Wende Correctional Facility, N.Y.S. D.O.C., All Corrections Employees, Medical Unit, Owner of New York State, Collins Correctional Facility and Office of Mental Health |
| 6:2021cv06196 |
| March 1, 2021 |
| US District Court for the Western District of New York |
| Rochester Office |
| Charles J Siragusa |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 11 AMENDED COMPLAINT against All Defendants, filed by Ryan Jhagroo. (Attachments: #1 Envelope) (JHF) |
Filing 10
ORDER granting #7 Motion for Leave to Proceed in forma pauperis. IT HEREBY IS ORDERED, that Plaintiff's motion to proceed in forma pauperis is granted; FURTHER, that Plaintiff is granted leave to file an amended complaint as directed above no later than 60 days after the date of this Order; FURTHER, that the Clerk of Court is directed to send to Plaintiff with this order a copy of the original complaint, a blank 1983 complaint form, and the instructions for preparing an amended complaint; FURTHER, that in the event Plaintiff fails to file an amended complaint as directed above no later than 60 days after the date of this Order, the Complaint shall be dismissed under 28 U.S.C. 1915(e)(2)(B) and 1915A for failure to state a claim with prejudice without further order of the Court; FURTHER, that in the event the Complaint is dismissed under 28 U.S.C. 1915(e)(2)(B) and 1915 because Plaintiff has failed to file an amended complaint no later than 60 days after the date of this Order, the Clerk of the Court shall close this case as dismissed with prejudice without further order; andFURTHER, that in the event the Complaint is dismissed under 28 U.S.C. 1915(e)(2)(B) and 1915, the Court hereby certifies, pursuant to 28 U.S.C. 1915(a), that any appeal from this Order would not be taken in good faith and leave to appeal to the Court of Appeals as a poor person is denied. Coppedge v. United States, 369 U.S. 438 (1962). 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 in accordance with Rule 24 of the Federal Rules of Appellate Procedure. Signed by Hon. Charles J. Siragusa on 4/13/21. Copy of this NEF and order mailed to pro se plaintiff at Marcy.(KAP)-CLERK TO FOLLOW UP-
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| Filing 9 NOTICE of Change of Address by Ryan Jhagroo. Plaintiff's address changed to: Ryan Jhagroo, 17-R-1739, MARCY CORRECTIONAL FACILITY, Box 3600, Old River Road, Marcy, NY 13403. (JHF) |
| Filing 8 Letter from Plaintiff, dated 3/29/21, to the Court re address change. (SG) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis by Ryan Jhagroo. (Attachments: #1 Envelope) (JHF) |
| Filing 6 TEXT ORDER: On March 2, 2021, the Court denied Plaintiffs Motion to proceed in forma pauperis and directed the Clerk of Court to administratively close this action. Dkt. 3. Plaintiff was granted the right to reopen this action within 30 days upon the filing of either (1) a new motion to proceed in forma pauperis that includes a completed and signed certification of Plaintiff's inmate trust fund account (or the institutional equivalent), or (2) the $350.00 filing fee and the $52.00 administrative fee ($402.00 total). Dkt. 3. On March 10, 2021, Plaintiff filed a largely unintelligible letter, mistakenly docketed as a motion to proceed in forma pauperis, in which he complains about his current treatment at the Collins Correctional Facility, and attaches a second Prison Authorization Form, see 28 U.S.C. 1915(b). He did not, however, submit a new motion with a completed and signed Prison Certification Section as directed. In the margin of the letter Plaintiff indicates he needs an extension of time to obtain a Property Prison Acct. Authorization Form. Dkt. 5. The Court construes this language as a request for an extension of time to obtain the Prison Certification from prison officials, return it to the Court and reopen this action. Accordingly, it is hereby ORDERED that Plaintiff is granted an extension of time up to and including April 15, 2021 to either submit (1) a new motion to proceed in forma pauperis that includes a completed and signed prison certification of Plaintiff's inmate trust fund account (or the institutional equivalent), or (2) the $350.00 filing fee and the $52.00 administrative fee ($402.00 total), as previously set forth in Courts initial Order in this action. Dkt. 3. It is further ORDERED that the Clerk of Court administratively close this action and upon submission of either (1) a new motion to proceed in forma pauperis that includes a completed and signed certification of Plaintiff's inmate trust fund account (or the institutional equivalent), or (2) the $350.00 filing fee and the $52.00 administrative fee ($402.00 total), the Clerk of Court shall reopen this action. The Clerk of Court is directed to forward to Plaintiff a form motion to proceed in forma pauperis.. Signed by Hon. Charles J. Siragusa on 3/12/21. Copy of this NEF mailed to pro se plaintiff at Wende.(KAP)-CLERK TO FOLLOW UP- |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Ryan Jhagroo. (Attachments: #1 Envelope) (JHF) |
| Filing 4 JUDGMENT in favor of All Corrections Employees, Collins Correctional Facility, Medical Unit, N.Y.S. D.O.C., Office of Mental Health, Owner of New York State, Wende Correctional Facility against Ryan Jhagroo. Signed by Mary C. Loewenguth, Clerk of Court on 3/3/21. (SG) |
| Plaintiff mailed final order, judgment, motion and authorization. (SG) |
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Filing 3
ORDER Plaintiff's application to proceed in forma pauperis is DENIED without prejudice; the Clerk of Court shall administratively terminate this action without filing the Complaint or assessing a filing fee; the Clerk of Court is directed to send to Plaintiff a form motion to proceed in forma pauperis with supporting affirmation; 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. Such writing must include either (1) the required certification of Plaintiff's inmate trust fund account (or the institutional equivalent), or (2) the $350.00 filing fee and the $52.00 administrative fee ($402.00 total); upon Plaintiff's submission of either (1) the required certification of Plaintiff's inmate trust fund account, or (2) 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. Charles J. Siragusa on 03/02/2021. (MJK)-CLERK TO FOLLOW UP-
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Ryan Jhagroo. (JHF) |
| Filing 1 COMPLAINT against All Defendants, filed by Ryan Jhagroo. (JHF) |
| The Pro Se Packet including: the Privacy Notice, Consent to Proceed before a Magistrate Judge and the Civil Case Timeline have been mailed to the Plaintiff. (JHF) |
| 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. (JHF) |
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