Gamble v. Clinton Correctional Facility et al, No. 9:2018cv01382 - Document 8 (N.D.N.Y 2018)

Court Description: DECISION AND ORDER: ORDERED that, in the event Plaintiff wishes to proceed with this action he must, within THIRTY (30) DAYS of the filing date of this Decision and Order, either (1) pay the statutory filing fee of $400.00 in full or (2) subm it an IFP Application outlining his current financial condition and demonstrating economic need. ORDERED that, upon Plaintiff's timely compliance with this Decision and Order, the Clerk shall return the file to the Court for further review. ORDERED that, if Plaintiff does not timely comply with this Decision and Order, the Clerk shall enter judgment indicating that this action is DISMISSED without prejudice without further order of this Court. ORDERED that the Clerk shall ser ve a copy of this Decision and Order on Plaintiff, together with a blank Application to Proceed In Forma Pauperis and a courtesy copy of the Complaint (Dkt. No. 1). Signed by Senior Judge Thomas J. McAvoy on 12/10/18. ( Notice of Compliance Deadline 1/10/2019, Case Review Deadline 2/11/2019){order and referenced documents served via regular mail and certified mail on plaintiff} (nas, )

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Gamble v. Clinton Correctional Facility et al Doc. 8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK KEVIN GAMBLE, Plaintiff, v. 9:18-CV-1382 (TJM/TWD) CLINTON CORRECTIONAL FACILITY, et al., Defendants. APPEARANCES: KEVIN GAMBLE Plaintiff, pro se 1995 Adam Clayton Powell, Jr. Blvd Apt 5E New York, NY 10026 THOMAS J. MCAVOY Senior United States District Judge DECISION and ORDER On July 6, 2018, pro se plaintiff Kevin Gamble ("Plaintiff") filed a civil rights Complaint and an application to proceed in forma pauperis in the United States District Court for the Eastern District of New York ("Eastern District"). Dkt. No. 1 ("Compl.") and Dkt. 2 ("IFP Application"). On November 29, 2018, United States District Kiyo A. Matsumoto issued an Order transferring the action to the United States District Court for the Northern District of New York ("Northern District"). Dkt. No. 6 ("Transfer Order"). In the Transfer Order, Judge Matsumoto referred a decision on Plaintiff's IFP Application to the Northern District. Id. at 2. At the time Plaintiff commenced this action, he was in the custody of the New York State Department of Corrections and Community Supervision ("DOCCS") at Franklin Correctional Facility. Compl. at 1. In a letter to the Court, Plaintiff notified the Clerk that he Dockets.Justia.com expected to be released in September or October 2018 and provided a new address. Dkt. No. 5. A review of the DOCCS' website indicates that Plaintiff was released from DOCCS' custody on October 17, 2018. 1 To date, the Court has received no further correspondence from Plaintiff. Accordingly, if Plaintiff wishes to proceed with this action, he must within thirty (30) days either (1) pay the filing fee of $400.00 in full,2 or (2) submit a signed IFP Application outlining his current financial condition and demonstrating economic need. Upon Plaintiff's timely compliance with this Decision and Order, the Clerk shall return the file to the Court for consideration of any IFP application and, if appropriate, review of the Complaint.3 Plaintiff is advised that his failure to timely comply with this Decision and Order will result in the dismissal of this action without prejudice, without further order of the Court. III. CONCLUSION WHEREFORE, it is hereby ORDERED that, in the event Plaintiff wishes to proceed with this action he must, within THIRTY (30) DAYS of the filing date of this Decision and Order, either (1) pay the statutory filing fee of $400.00 in full or (2) submit an IFP Application outlining his current financial condition and demonstrating economic need; and it is further 1 See N.Y. DOCCS Inmate Locator Website, available at http://www.doccs.ny.gov/ (information for inmate Kevin Gamble, DIN #17A4640) (last visited Dec. 6, 2018). 2 The total cost for filing a civil action in this court is $400.00 (consisting of the civil filing fee of $350.00, see 28 U.S.C. § 1914(a), and an administrative fee of $50.00). 3 Until such time as Plaintiff either pays the full filing fee, or otherwise complies with this Decision and Order, review of the Complaint would be premature. Upon compliance, the Complaint will be subject to review under 28 U.S.C. § 1915(e) and/or 28 U.S.C. § 1915A. 2 ORDERED that, upon Plaintiff's timely compliance with this Decision and Order, the Clerk shall return the file to the Court for further review; and it is further ORDERED that, if Plaintiff does not timely comply with this Decision and Order, the Clerk shall enter judgment indicating that this action is DISMISSED without prejudice without further order of this Court; and it is further ORDERED that the Clerk shall serve a copy of this Decision and Order on Plaintiff, together with a blank Application to Proceed In Forma Pauperis and a courtesy copy of the Complaint (Dkt. No. 1). Dated: December 10, 2018 3

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