Whyte v. Tompkins County Sheriff et al

New York Northern District Court
Judge:Lawrence E Kahn
Referred: Christian F Hummel
Case #: 9:20-cv-00284
Nature of Suit550 Prisoner Petitions - Habeas Corpus - Civil Rights
Cause42:1983 Prisoner Civil Rights
Case Filed:Mar 12, 2020
Terminated:Oct 21, 2020
Defendant
Andrew McElwee
Defendant
Boda
Defendant
Daniel Bomysoad
Defendant
Garden Hanes
Defendant
Griffen
Defendant
Nate Tompkins
Defendant
Peter Meskill
Defendant
The County of Tompkins
Defendant
Tom Walpoole
Defendant
Tompkins County Sheriff
Plaintiff
Corbin Whyte

GPO Aug 14 2020
DECISION AND ORDER: It is hereby ORDERED, that Plaintiff's IFP Application (Dkt. No. 2) is GRANTED. It is further ORDERED, that Plaintiff's § 1983 claims are DISMISSED without prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b) for failure to state a claim upon which relief can be granted; and it is further ORDERED, that if Plaintiff wishes to proceed with this action, he must file an amended complaint as directed above within thirty days of the filing date of this Decision and Order; and it is further ORDERED, that if Plaintiff timely files an amended complaint, the Clerk shall return to the Court for further review; and it is further ORDERED, that if Plaintiff fails to timely file an amended complaint as directed above, the Clerk shall, without further order of this Court, enter judgment indicating that this action is DISMISSED without prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b) for failure to state a claim upon which relief can be granted. In that event, the Clerk is directed to close this case. Signed by Senior Judge Lawrence E. Kahn on August 14, 2020. {Notice of Compliance Deadline 9/14/2020, Case Review Deadline 10/14/2020}. [Motions terminated: 2 MOTION for Leave to Proceed in forma pauperis]. (Copy served via regular mail on plaintiff).(rep)
GPO Oct 21 2020
JUDGMENT: IT IS ORDERED AND ADJUDGED that this action is dismissed without prejudice pursuant to the Decision and Order dated August 14, 2020 of Senior U.S. District Judge Lawrence E. Kahn which ORDERED that this action is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) for failure to state a claim upon which relief may be granted and for Plaintiff's failure to submit an amended complaint as directed. (Copy served via regular mail) (rep)

Docket last updated: 8 hours ago
Friday, September 08, 2023
misc Filing Fee Received Sun 09/10 6:13 PM
Partial Filing fee received from Bare Hill CF: $ 275.64, receipt number 500000878 (nas, )
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Tuesday, July 13, 2021
8 8 appeal USCA Mandate Tue 07/13 11:48 AM
MANDATE OF USCA: As to the6 Notice of Appeal - A notice of appeal was filed on November 23, 2020. Appellant was notified of the requirement that a Prisoner Authorization Form must be filed with the Court, properly signed and without alteration within 45 days of the date of the notice pursuant to 28 USC § 1915(b). The Prisoner Authorization Form was due to be filed January 08, 2021. Appellant is in default of filing the prisoner authorization form.IT IS HEREBY ORDERED that this appeal will be dismissed effective February 04, 2021 if the Prisoner Authorization Form is not filed with the Court by that date. Any motions pending prior to the date of dismissal will be deemed moot. {Mandate issued on July 13, 2021}. Related [+]
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Thursday, April 22, 2021
appeal USCA Case Number Thu 04/22 10:33 AM
USCA Case Number 20-3940 for6 Notice of Appeal filed by Corbin Whyte. Related [+]
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Monday, November 23, 2020
7 7 appeal Electronic Notice and Certification to USCA of Appeal Mon 11/23 8:50 AM
ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals regarding the6 Notice of Appeal. Related [+]
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Friday, November 20, 2020
6 6 appeal Notice of Appeal Mon 11/23 8:31 AM
NOTICE OF APPEAL: Regarding the #5 Judgment, filed by Corbin Whyte. {Mailing envelope attached}. Related [+]
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Wednesday, October 21, 2020
5 5 order Judgment Wed 10/21 3:34 PM
JUDGMENT: IT IS ORDERED AND ADJUDGED that this action is dismissed without prejudice pursuant to the Decision and Order dated August 14, 2020 of Senior U.S. District Judge Lawrence E. Kahn which ORDERED that this action is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) for failure to state a claim upon which relief may be granted and for Plaintiff's failure to submit an amended complaint as directed. (Copy served via regular mail) Related [+]
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Monday, August 17, 2020
notice Notification to Superintendent of Filing Mon 08/17 2:01 PM
Notification to Superintendent of Filing - Provided Superintendent at Cayuga Correctional Facility with notice of instant action and a copy of Plaintiff's3 Inmate Authorization Form. USDC/NYND Finance Dept notified. Related [+]
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Friday, August 14, 2020
4 4 16 pgs order Order ~Util - Set Deadlines ~Util - Terminate Motions Fri 08/14 1:00 PM
DECISION AND ORDER: It is hereby ORDERED, that Plaintiff's IFP Application (Dkt. No. 2) is GRANTED. It is further ORDERED, that Plaintiff's § 1983 claims are DISMISSED without prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b) for failure to state a claim upon which relief can be granted; and it is further ORDERED, that if Plaintiff wishes to proceed with this action, he must file an amended complaint as directed above within thirty days of the filing date of this Decision and Order; and it is further ORDERED, that if Plaintiff timely files an amended complaint, the Clerk shall return to the Court for further review; and it is further ORDERED, that if Plaintiff fails to timely file an amended complaint as directed above, the Clerk shall, without further order of this Court, enter judgment indicating that this action is DISMISSED without prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b) for failure to state a claim upon which relief can be granted. In that event, the Clerk is directed to close this case. Signed by Senior Judge Lawrence E. Kahn on August 14, 2020. {Notice of Compliance Deadline 9/14/2020, Case Review Deadline 10/14/2020}. [Motions terminated:2 MOTION for Leave to Proceed in forma pauperis]. (Copy served via regular mail on plaintiff) Related [+]
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Thursday, March 12, 2020
3 3 misc Inmate Authorization Form Fri 03/13 10:36 AM
INMATE AUTHORIZATION FORM: Filed by Corbin Whyte. Related [+]
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2 2 motion Proceed In Forma Pauperis Fri 03/13 10:35 AM
MOTION for Leave to Proceed in forma pauperis, filed by Corbin Whyte. Related [+]
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Att: 1 Proposed Summonses
1 1 cmp Complaint Fri 03/13 10:25 AM
COMPLAINT WITH JURY DEMAND: Against Boda, Daniel Bomysoad, Griffen, Garden Hanes, Andrew McElwee, Peter Meskill, The County of Tompkins, Nate Tompkins, Tompkins County Sheriff, and Tom Walpoole. Filed by Corbin Whyte. Related [+] (Main Document 1 replaced on 3/13/2020)
Related: [-] pp,
Att: 1 Attachment -For New York State Court of Claims,
Att: 2 Plaintiff Notice of Request for Production of Documents,
Att: 3 Civil Cover Sheet,
Att: 4 Affidavits of Service,
Att: 5 Mailing Envelope