Shibley et al. v. Brouillette et al.
| New York Northern District Court | |
| Judge: | Anne M Nardacci |
| Referred: | Miroslav Lovric |
| Case #: | 6:24-cv-01367 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Nov 12, 2024 |
| Re-opened: | Dec 16, 2024 |
| Terminated: | Nov 13, 2024 |
| Last checked: Sunday May 11, 2025 5:35 AM EDT |
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Petitioner
Annamay Iva Shibley
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Petitioner
Christopher Scott Wheeler, Sr.
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Respondent
Julia Brouillette
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Respondent
Robert Maciol
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GPO
Apr 07 2025
ORDER AND REPORT-RECOMMENDATION: it is ORDERED that Plaintiffs' applications to proceed in forma pauperis (Dkt. No. 5, 6) are GRANTED; and it is further ORDERED that the Clerk of the Court update the docket to identify Plaintiffs by their full names, Annamay Iva Shibley and Christopher Scott Wheeler, Sr. consistent with the body of their Complaint (Dkt. No. 1 at 5), their IFP applications (Dkt. Nos. 5, 6), and the caption of this Order and Report-Recommendation; and it is further respectfully RECOMMENDED that Plaintiffs' Complaint (Dkt. No. 1) be DISMISSED WITH LEAVE TO REPLEAD; and it is further ORDERED that the Clerk of the Court shall file a copy of this order, report, and recommendation on the docket of this case and serve a copy upon the parties in accordance with the local rules. NOTICE: Pursuant to 28 U.S.C. § 636(b)(1), the parties have fourteen days within which to file written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILL PRECLUDE APPELLATE REVIEW. 28 U.S.C. § 636(b)(1) (Supp. 2013); Fed. R. Civ. P. 6(a), 6(d), 72; Roldan v. Racette, 984 F.2d 85 (2d Cir. 1993) (citing Small v. Secy of Health and Human Servs., 892 F.2d 15 (2d Cir. 1989)). Signed by Magistrate Judge Miroslav Lovric on 4/7/2025. (Copy served via regular mail)(tll) |
| Docket last updated: 2 hours ago |
| Monday, April 07, 2025 | ||
| 8 | 8
motion
Report and Recommendations Order ~Util - Terminate Motions
Mon 04/07 9:04 AM
ORDER AND REPORT-RECOMMENDATION: it is ORDERED that Plaintiffs' applications to proceed in forma pauperis (Dkt. No. 5, 6) are GRANTED; and it is further ORDERED that the Clerk of the Court update the docket to identify Plaintiffs by their full names, Annamay Iva Shibley and Christopher Scott Wheeler, Sr. consistent with the body of their Complaint (Dkt. No. 1 at 5), their IFP applications (Dkt. Nos. 5, 6), and the caption of this Order and Report-Recommendation; and it is further respectfully RECOMMENDED that Plaintiffs' Complaint (Dkt. No. 1) be DISMISSED WITH LEAVE TO REPLEAD; and it is further ORDERED that the Clerk of the Court shall file a copy of this order, report, and recommendation on the docket of this case and serve a copy upon the parties in accordance with the local rules. NOTICE: Pursuant to 28 U.S.C. § 636(b)(1), the parties have fourteen days within which to file written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILL PRECLUDE APPELLATE REVIEW. 28 U.S.C. § 636(b)(1) (Supp. 2013); Fed. R. Civ. P. 6(a), 6(d), 72; Roldan v. Racette, 984 F.2d 85 (2d Cir. 1993) (citing Small v. Secy of Health and Human Servs., 892 F.2d 15 (2d Cir. 1989)). Signed by Magistrate Judge Miroslav Lovric on 4/7/2025. (Copy served via regular mail)(tll) |
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| Monday, December 16, 2024 | ||
| 7 | 7
order
Order Reopening Case (Text-Only)
Mon 12/16 2:40 PM
TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, and plaintiff was directed to respond to the Order if s/he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket.. Signed by U.S. District Judge Anne M. Nardacci on 12/16/2024. (Copy served via regular mail)(tll) |
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motion
Proceed In Forma Pauperis
Mon 12/16 2:28 PM
MOTION for Leave to Proceed in forma pauperis filed by Christopher Scott Motions referred to Miroslav Lovric. (tll) |
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| 5 | 5
motion
Proceed In Forma Pauperis
Mon 12/16 2:27 PM
MOTION for Leave to Proceed in forma pauperis filed by Annamay Iva Motions referred to Miroslav Lovric. (tll) |
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| Monday, December 09, 2024 | ||
| 4 | 4
order
Order
Mon 12/09 10:52 AM
TEXT ORDER to Strike and Provide Extended Opportunity to Comply with Filing Fee Requirement: Plaintiffs' failure to pay the filing fee or submit an application to proceed in forma pauperis ("IFP") resulted in the administrative closure of this action on November 12, 2024. Dkt. No.2 ("Order"). The Order provided Plaintiffs a 30-day period in which to pay the filing fee or submit an IFP application in order to reopen this action. Id, . Plaintiffs have not done so. Plaintiff Iva has instead filed materials to supplement the legal claims in Plaintiffs' initial filing. Dkt. No.3 . Because this action has been closed since November 12, 2024, these materials are hereby stricken from the record and will not be considered by the Court. This action remains closed, and ANY FURTHER SUBMISSIONS WILL BE STRICKEN BY THE COURT WITHOUT FURTHER ORDER. In light of Plaintiffs' pro se status, however, it is further ORDERED that if plaintiffs desire to pursue this action, plaintiff must WITHIN THIRTY (30) DAYS of the filing date of this Order either (1) pay the full $405.00 filing fee for civil actions, or (2) submit a completed and signed IFP Application; and it is further ORDERED that upon plaintiff's compliance herewith, the Clerk shall reopen this action and forward it to the Court for review; and it is further ORDERED that, in accordance with the Rule 10.1(c)(2) of the Court's Local Rules, plaintiffs shall promptly notify the Clerk's Office and all parties or their counsel, in writing, of any change in Plaintiffs' addresses. Plaintiffs' failure to do so may result in the dismissal of this action; and it is further ORDERED that the Clerk serve a copy of this Order on plaintiff, along with another blank IFP Application. SO ORDERED. Signed by U.S. District Judge Anne M. Nardacci on 12/9/2024. (Copy served via regular mail). (mab) |
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| Friday, December 06, 2024 | ||
| 3 | 3
misc
Letter
Fri 12/06 2:29 PM
Supplemental submissions filed by Annamay-Iva.(tll) |
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Att: 1
Supplement,
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Att: 2
Supplement,
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Att: 3
Supplement,
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Att: 4
Cover letter,
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Att: 5
Envelope
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| Wednesday, November 13, 2024 | ||
| 2 | 2
2
pgs
order
Order Directing Administrative Closure
Wed 11/13 3:00 PM
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement; it is hereby ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further ORDERED that if plaintiffs desire to pursue this action, plaintiff must WITHIN THIRTY(30) DAYS of the filing date of this Order either (1) pay the full $405.00 filing fee for civil actions or (2) submit a completed and signed IFP Application; and it is further ORDERED that upon plaintiff's compliance herewith, the Clerk shall reopen this action and forward it to the Court for review; and it is further ORDERED that, in accordance with the Rule 10.1(c)(2) of the Court's Local Rules, plaintiff shall promptly notify the Clerk's Office and all parties or their counsel, in writing, of any change in Plaintiff's address. Plaintiff's failure to do so may result in the dismissal of this action; and it is further ORDERED that the Clerk serve a copy of this Order on plaintiff, along with a blank IFP Application. Signed by U.S. District Judge Anne M. Nardacci on 11/13/2024. Blank IFP application mailed to plaintiffs with copies of the order. (Copy served via regular mail)(tll) |
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| Tuesday, November 12, 2024 | ||
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cmp
Complaint
Tue 11/12 3:34 PM
CLAIM FOR WRIT OF HABEAS CORPUS against Julia Brouillette and Robert Maciol filed by Annamay Iva and Christopher Scott. No IFP or filing fee paid.(tll) |
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