Lettieri v. Vilardo
| David C. Lettieri |
| Lawrence Joseph Vilardo |
| 6:2023cv06682 |
| December 1, 2023 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 9 LETTER MOTION to transfer case by David C. Lettieri.(TF) |
| Filing 8 JUDGMENT administratively terminating action. Signed by Clerk of Court on 12/19/2023. (TF)This was mailed to: Plaintiff Lettieri, along with forms listed in #7 text order (IFP motion form with authorization form) |
| Filing 7 TEXT ORDER denying #2 Motion for leave to proceed in forma pauperis. Pro se Plaintiff David C. Lettieri is currently incarcerated at the Niagara County Jail. He filed a complaint asserting claims under 42 U.S.C. 1983 in the United States District Court for the Northern District of Ohio. (Dkt. 1). The case was subsequently transferred to this Court pursuant to 28 U.S.C. 1406(a). (Dkt. 5). Plaintiff moves for leave to proceed in forma pauperis ("IFP"). (Dkt. 2). Plaintiff has attempted to commence more than 60 civil cases in this Court and has been advised in numerous prior orders that a motion to proceed IFP must include (1) a sworn affidavit establishing that he is unable to pay the $350.00 filing fee; (2) a certification of his inmate trust fund account; and (3) a signed authorization permitting the institution in which he is confined to pay the $350.000 filing fee from his inmate trust fund account. 28 U.S.C. 1915(a)-(b). In this case, Plaintiff has not submitted a certification or an authorization. Plaintiff now has thirty days from entry of this Order to submit either (1) the filing and administrative fees ($405.00 total), or (2) a certification and an authorization. The Clerk of the Court is directed to administratively terminate this action, without filing the complaint or assessing a filing fee, and to send a blank IFP motion form with authorization to Plaintiff. Plaintiff will be granted leave to reopen this case, without further order, upon submission of either (1) the $350.00 filing fee and the $55.00 administrative fee ($405.00 total), or (2) the completed certification and authorization. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore denies leave to appeal as a poor person. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/18/2023. (MGB)Clerk to Follow up |
| Remark : Clerk Mailed Copy of Text Order to David Lettieri. (DAF) |
| Filing 6 Case transferred in from District of Ohio Northern; Case Number 4:23-cv-01660. |
| 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) |
Filing 5
Order of Transfer For the reasons set forth herein and pursuant to 28 U.S.C. 1406(a), this action is hereby transferred to the United States District Court for the Western District of New York, and this case is closed in the Northern District of Ohio. The Court further certifies that an appeal from this decision could not be taken in good faith. 28 U.S.C. 1915(a)(3). Judge Benita Y. Pearson on 11/30/2023. (JLG) [Transferred from ohnd on 12/1/2023.]
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| Copy of #5 Order of Transfer mailed to Plaintiff David C. Lettieri #2023-00002000, Niagara County Jail, 5526 Niagara Street, Lockport, NY 14095 on 11/30/2023. Related document(s) #5 . (JLG) [Transferred from ohnd on 12/1/2023.] |
| Filing 4 Address Change Notice filed by David C. Lettieri. (Attachments: #1 Envelope)(G,M) [Transferred from ohnd on 12/1/2023.] |
| Filing 3 Returned Mail addressed to Plaintiff David C. Lettieri. Envelope marked "Return to Sender, Insufficient Address, Unable To Forward, Inmate Paroled/Discharged. Related document(s) #1 , #2 . (D,Th) [Transferred from ohnd on 12/1/2023.] |
| Filing 2 Motion to proceed in forma pauperis filed by Plaintiff David C. Lettieri. (Attachments: #1 Inmate Account Summary, #2 Envelope)(G,M) [Transferred from ohnd on 12/1/2023.] |
| Filing 1 Complaint for Violation of Civil Rights with jury demand against Lawrence Joseph Vilardo. Filing fee not paid, IFP. Filed by David C. Lettieri. (Attachments: #1 Incomplete Civil Cover Sheet, #2 Letter, #3 Envelope) (G,M)[Transferred from ohnd on 12/1/2023.] |
| Judge Benita Y. Pearson assigned to case. (G,M) [Transferred from ohnd on 12/1/2023.] |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (G,M) [Transferred from ohnd on 12/1/2023.] |
| Remark by Clerk: This case was assigned and processed without the filing of a complete Civil Cover Sheet, which is required by Local Rule 3.13(a). Without the Civil Cover Sheet, the Clerk does not know if this case is related to or is a refiling of a pending/terminated case in this Court. Copy of #1 Complaint for Violation of Civil Rights and a blank Civil Cover Sheet mailed to David C. Lettieri 16091-509 NEOCC 2240 Hubbard Road Youngstown, OH 44505 on 8/25/2023. (G,M) [Transferred from ohnd on 12/1/2023.] |
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| Plaintiff: David C. Lettieri | |
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| Defendant: Lawrence Joseph Vilardo | |
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