Young v. Monroe County et al
| James O. Young |
| Monroe County, Todd Baxter, Sgt. Prince and Cpl Thorpe |
| 6:2024cv06366 |
| June 12, 2024 |
| U.S. District Court for the Western District of New York |
| Frank P Geraci |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 6, 2024. A more recent docket listing may be available from PACER.
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| Filing 10 JUDGMENT in favor of Monroe County, Prince, Thorpe, Todd Baxter against James O. Young. Signed by Mary C. Loewenguth, Clerk of Court on 8/6/2024. (DMK)This was mailed to: James O. Young. |
| Filing 9 TEXT ORDER: Pro se Plaintiff, James Young, a prisoner confined at the Upstate Correctional Facility, filed this action seeking relief under 42 U.S.C. 1983, ECF No. 1, and moved to proceed in forma pauperis, ECF No. 2. Plaintiffs IFP Motion was denied and the case administratively terminated with the right to reopen because Plaintiff failed to submit a completed and signed prison certification in which the requisite prison official sets forth information concerning Plaintiff's inmate trust fund account statement, as mandated under 28 U.S.C. 1915(a)(2). ECF No. 3. The Court gave Plaintiff 30 days to submit the prison certification or pay the filing and administrative fees ($405.00). Id. Plaintiff submitted a second IFP Motion, which again failed to include a prison certification as directed. ECF No. 5. The Court entered another order (1) denying Plaintiff's IFP Motion, (2) giving him 30 days to submit the prison certification, and (3) advising him that if he did not submit a signed prison certification or pay the filing and administrative fees within 30 days, the case would be dismissed without prejudice. ECF No. 6. Plaintiff submitted a third IFP Motion, which again did not include a signed prison certification. ECF No. 8.Accordingly, Plaintiff's IFP Motion, ECF No. 8, is denied and the case is dismissed without prejudice. Plaintiff may refile this action but, if he does and seeks to proceed in forma pauperis, he must submit (1) a properly supported motion to proceed in forma pauperis along with the required certification of Plaintiff's inmate trust fund account (or institutional equivalent) and authorization form. See 28 U.S.C. 1915(a)-(b). The Clerk of Court shall close this case and the Court hereby certifies, pursuant to 28 U.S.C. 1915(a)(3), 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. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 8/5/2024. (MFM)This was mailed to: Plaintiff.Clerk to Follow up |
| Filing 8 MOTION for Leave to Proceed in forma pauperis by James O. Young. (JHF) (Main Document 8 replaced on 7/31/2024) (JHF). |
| Filing 7 JUDGMENT administratively terminating the action.. Signed by Clerk on 7/8/24. (JHF) |
Filing 6
ORDER denying without prejudice #5 Motion for Leave to Proceed in forma pauperis and administratively terminating the action. If Plaintiff wishes to reopen this action, he shall pay the filing fees of $405.00, or notify the Court in writing as directed no latter than 30 days from the date of this order. Clerk directed to send to Plaintiff a form motion to proceed in forma pauperis with supporting affirmation and authorization form. Signed by Hon. Frank P. Geraci, Jr. on 7/2/24. (JHF)
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| Clerk mailed copy of #6 Order, #7 Judgment and a form motion to proceed in forma pauperis with supporting affirmation and authorization form to plaintiff. (JHF) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by James O. Young. (JHF) |
| Filing 4 JUDGMENT closing case. Signed by Mary C. Loewenguth, Clerk of Court on 6/18/24. (RE)This was mailed to: James O. Young. |
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Filing 3
ORDER denying #2 Motion for Leave to Proceed in forma pauperis. The Clerk is directed to administratively terminating this action and send to Plaintiff a form motion to proceed in forma pauperis with supporting affirmation. If Plaintiff wishes to reopen this case, he must notify the Court in writing within 30 days of the date of this Order and must include either (1) the required certification of Plaintiff's inmate trust fund account (or institutional equivalent) or (2) the $350.00 filing fee and the $55.00 administrative fee ($405.00 total), upon submission of either the Clerk of Court shall reopen this case without further order. Signed by Hon. Frank P. Geraci, Jr. on 6/17/24. (RE)This was mailed to: James O. Young with form motion to proceed in forma pauperis and supporting affirmation.
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by James O. Young. (JHF) |
| Filing 1 COMPLAINT against Todd Baxter, Monroe County, Prince, Thorpe, filed by James O. Young. (Attachments: #1 Civil Cover Sheet, #2 Envelope) (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) |
| Prisoner Pro Se Packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge and Civil Case Timeline mailed to plaintiff. (JHF) |
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