Cannon v. Annucci et al
| Joseph Cannon |
| Anthony Annucci, Ann Marie Sullivan and Andrew Cuomo |
| 6:2022cv06036 |
| January 24, 2022 |
| US District Court for the Western District of New York |
| David G Larimer |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 13 Letter from Joseph Cannon, dated 1/30/22, to Clerk. (JHF) |
| Filing 12 JUDGMENT administratively terminating the action. Signed by Clerk on 1/26/22. (JHF) |
Filing 11
ORDER denying without prejudice #6 MOTION for Leave to Proceed in forma pauperis; administratively terminating the action. If Plaintiff wishes to reopen this action, he shall pay the filing fee of $405.00, or notify the Court in writing as directed no latter than 2/28/22. Clerk directed to send to Plaintiff a form motion to proceed in forma pauperis with supporting affirmation and authorization form. Signed by Hon. David G. Larimer on 1/26/22. (JHF)
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| Clerk mailed copy of #11 order, #12 judgment, and a new form motion to proceed in forma pauperis and Prison Authorization Form to plaintiff. (JHF) |
| Case assigned to Hon. David G. Larimer. (CGJ) |
| Filing 10 Case transferred in from District of New York Northern; Case Number 9:21-cv-01278. |
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Filing 9
DECISION AND ORDER: It is hereby ORDERED that the claims in the complaint based on alleged wrongdoing that occurred while plaintiff was incarcerated at Five Points C.F. are severed and transferred to the Western District of New York. This Court makes no ruling as to plaintiff's in forma pauperis application or Motion for Counsel with respect to these claims, leaving those determinations to the Western District; and it is further ORDERED that the Clerk shall advise the Clerk of the Western District of New York of the entry of this Order, together with all information necessary for that Clerk to electronically access the documents filed in this action. The Court hereby waives the fourteen (14) day waiting period provided for in Local Rule 83.6; and it is further ORDERED that plaintiff's IFP Application (Dkt. No. #6 ) with respect to any intended Section 1983 claims based on wrongdoing at a correctional facility within this District is DENIED pursuant to 28 U.S.C. 1915(g) because plaintiff has three "strikes" and is not entitled to the "imminent danger" exception with respect to any such claims; and it is further ORDERED that insofar as the complaint may be construed to assert Section 1983 claims based on wrongdoing at a correctional facility within this District, it shall be DISMISSED without prejudice unless, within thirty (30) days of the date of this Decision and Order, plaintiff pays the Court's filing fee of four hundred and two dollars ($402.00) in full; and it is further ORDERED that, upon plaintiff's payment of the full filing fee, the Clerk shall return the file to this Court for further review; and it is further ORDERED that if plaintiff fails to timely comply with this Decision and Order by paying the filing fee in full within thirty (30) days of the date of this Decision and Order, the Clerk of the Court is directed to enter judgment dismissing the non-transferred portion of this action, without prejudice, without further order of this Court; and it is further ORDERED that plaintiff's Motion for Counsel (Dkt. No. #3 ) in this action is DENIED without prejudice; and it is further ORDERED that plaintiff's Letter Request (Dkt. No. #5 ) that originals of the Exhibits (Dkt. No. #5 -1) be returned to him is GRANTED. The Clerk shall return these documents to plaintiff in due course. Signed by Chief Judge Glenn T. Suddaby on 1/24/2022. (Copy served via regular mail)(meb) [Transferred from nynd on 1/24/2022.]
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| 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 8
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 Chief Judge Glenn T. Suddaby on 12/21/2021. (Copy served via regular mail)(meb) [Transferred from nynd on 1/24/2022.]
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| Filing 7 INMATE AUTHORIZATION FORM filed by Joseph Cannon. (meb) [Transferred from nynd on 1/24/2022.] |
| Filing 6 MOTION for Leave to Proceed in forma pauperis filed by Joseph Cannon.(meb) [Transferred from nynd on 1/24/2022.] |
| Filing 5 Letter enclosing an IFP, Inmate Authorization, and exhibits and requesting the exhibits be returned to him filed by Joseph Cannon. (Attachments: #1 Exhibits, #2 Mailing envelope)(meb) [Transferred from nynd on 1/24/2022.] |
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Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. Plaintiff's IFP application is DENIED as incomplete. Because this action was not properly commenced, the Clerk is directed to administratively close this action. If plaintiff desires to pursue this action, he must, within 30 days of the filing date of this Order, (1) either (a) pay the $402.00 filing fee in full, or (b) submit a completed and signed IFP application; AND (2) submit a completed and signed inmate authorization form. Upon plaintiff's compliance with this Order, the Clerk shall reopen the action and forward it to the Court for review. In accordance with the Rule 10.1(c)(2) of the Court's Local Rules, plaintiff shall promptly notify the Clerk's Office and all parties or their counsel, in writing, of any change in his address. Plaintiff's failure to do so may result in the dismissal of this action. That the Clerk shall serve a copy of this Order on plaintiff along with a blank IFP application and a blank inmate authorization form. Signed by Chief Judge Glenn T. Suddaby on 12/6/2021. (Copy served upon plaintiff together w/ blank IFP Application and Inmate Authorization Form via regular mail) (sal) [Transferred from nynd on 1/24/2022.]
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| Filing 3 MOTION to Appoint Counsel filed by Joseph Cannon.(meb) [Transferred from nynd on 1/24/2022.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Joseph Cannon(meb) [Transferred from nynd on 1/24/2022.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against Anthony Annucci, Andrew Cuomo, Ann Marie Sullivan filed by Joseph Cannon. (Attachments: #1 Certificate of service, #2 Affidavit of service, #3 Mailing envelope)(meb) [Transferred from nynd on 1/24/2022.] |
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