Yelder v. United States of America
| Orlando Yelder |
| United States of America |
| 6:2023cv06558 |
| September 28, 2023 |
| US District Court for the Western District of New York |
| Frank P Geraci |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 2 TEXT ORDER: On 5/11/2023, Plaintiff filed a MOTION for Return of Property under his criminal case, 18-cr-06084. On September 27, 2023, the Court denied Plaintiff's motion without prejudice to renew his motion under a separate civil action, which the Clerk of Court automatically opened, subject to Plaintiff filing a properly supported motion to proceed in forma pauperis or paying the filing fee and administrative fee no later than October 27, 2023. Plaintiff was also ordered to file an amended complaint in the new civil action no later than October 27, in which he (a) specifically identifies each item of property at issue, the date on which it was seized and the circumstances of seizure and (b) provides sufficient allegations to state a claim for relief under Rule 41(g). As of this date, Plaintiff has not filed a properly supported motion to proceed in forma pauperis, nor has he paid any fees. Plaintiff has also failed to filed an amended complaint as instructed. The Court sua sponte grants Plaintiff an extension of time to comply with the Court's prior order. Plaintiff shall file an amended complaint together with a motion to proceed in forma pauperis, or otherwise pay the filing fee and administrative fee, no later than November 20, 2023. The Court notifies Plaintiff that ongoing failure to comply with the Court's order shall result in administrative closure of his action without further order of the Court. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 11/06/2023. (AJW)This was mailed to: Plaintiff. |
| Filing 1 COMPLAINT against United States of America, filed by Orlando Yelder. (Attachments: #1 Order from 18-CR-6084) (JHF) |
| Prisoner Pro Se Packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, Civil Case Timeline along with copy of #1 Complaint, blank amended complaint with instructions and blank motion for IFP mailed to 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) |
| Set Deadlines/Hearings: Amended Complaint due by 10/27/2023. (JHF) |
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| Plaintiff: Orlando Yelder | |
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| Defendant: United States of America | |
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