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17-1117 - McMillian et al v. VanBlarcum et al


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17-1117 - McMillian et al v. VanBlarcum et al
October 10, 2017
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ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that if plaintiffs desire to pursue this action, they must so notify the Court WITHIN THIRTY (30) DAYS of the filing date of this Order and either (1) pay the full $400.00 filing fee for civil actions or (2) each submit a completed and signed IFP Application that has been certified by an appropriate official at his facility and plaintiff Clayton must submit a signed Inmate Authorization Form. Signed by Senior Judge Gary L. Sharpe on 10/10/17. (served on plaintiffs by regular mail with form(s))(alh, )
February 8, 2018
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DECISION AND ORDER: ORDERED that Clayton is dismissed as a plaintiff herein pursuant to the December Order. ORDERED that Plaintiff's section 1983 claims for monetary damages against Ulster C.J. are DISMISSED with prejudice 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. ORDERED that Plaintiff's remaining claims are DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) f or failure to state a claim upon which relief may be granted. ORDERED that, if Plaintiff wishes to proceed with this action he must file an Amended Complaint within thirty (30) days of the filing date of this Decision and Order as set forth above. ORDERED that, upon the filing of an amended complaint as directed above, the Clerk shall return the file to the Court for further review. ORDERED that, in the event Plaintiff fails to file a signed Amended Complaint within thirty (30) days of the filing date of this Decision and Order, the Clerk shall enter judgment dismissing this action pursuant to 28 U.S.C. § 1915(e)(2)(B) due to Plaintiff's failure to state a claim upon which relief may be granted and to comply with the terms of this Decision and Order, without further order of this Court. ORDERED, that Plaintiff's motion for the appointment of counsel (Dkt. No. 4) is DENIED. Signed by Senior Judge Gary L. Sharpe on 2/8/18. (served on plaintiff by regular mail) (alh, )
April 16, 2018
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JUDGMENT entered pursuant to the Decision and Order of the Honorable Senior Judge Gary L. Sharpe, dated the 8th day of February, 2018. (served on plaintiff by regular mail) (alh, )