In Re: Sanders
MEMORANDUM AND ORDER, In light of pltff's pro se status and in an abundance of caution, the Clerk of Court is directed to re-send the IFP and Prisoner Authorization forms to pltff, along with instructions on how to complete those forms, and to n ote service on the docket. If he wishes to proceed with this action, pltff must return the signed and completed forms within 30 days of this Order. If pltff fails to comply with this Order within the time allowed, this action shall be dismissed without prejudice. (Ordered by Judge Kiyo A. Matsumoto on 1/09/2018) c/m (Galeano, Sonia)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
NOT FOR PUBLICATION
MEMORANDUM & ORDER
UNITED STATES OF AMERICA,
MDC BROOKLYN, FCI OTISVILLE,
(FTC) FCI McDOWELL,
MATSUMOTO, United States District Judge:
On June 12, 2017, Christopher Sanders ("plaintiff"),
appearing pro se, filed a letter dated May 25, 2017, regarding
an adrninistrati ve tort claim.
(ECF No. 1, Notice of Deficient
At the time, plaintiff was incarcerated at Federal
Correctional Institution McDowell ("FCI McDowell") in West
Plaintiff did not file a complaint, pay the filing
fee, or include a signed application to proceed in forma
pauperis ("IFP") or a Prisoner Authorization form.
Litigation Reform Act requires an incarcerated plaintiff seeking
to proceed IFP to submit an IFP application, a Prisoner
Authorization form, and a filing fee to be paid in installments.
1915(a) (2) and (b) (1).
Failure to do so is grounds
for dismissal of plaintiff's complaint.
See Razzoli v. Exec.
Office of U.S. Marshals, No. 10-CV-4269 (CBA), 2010 WL 5051083,
* 3 (E . D. N. Y • Dec . 2 , 2010) .
On June 16, 2017, the Clerk's Office for this court
provided plaintiff with a complaint form, an IFP form, and a
Prisoner Authorization form.
of Deficient Filing.)
(See generally ECF No. 1, Notice
In addition, the Clerk's Office
instructed plaintiff that, in order to proceed, he must
complete, sign, and return the forms within 14 days from receipt
of the letter.
On July 17, 2017, plaintiff filed a
"memorandum of law" against the United States of America and MDC
(ECF No. 2, Memorandum of Law.)
This document is not
signed and does not comply with Rule 8 of the Federal Rules of
Civil Procedure governing a pleading.
On August 3, 2017, the court received a letter from
plaintiff dated June 20, 2017.
(ECF No. 3, Plaintiff's Letter
to the Court, dated June 20, 2017.)
The letter alleged "acts of
misconduct" committed against plaintiff, including loss of
property and bodily harm, and requested an investigation.
The mailing also included a letter dated July 18, 2017,
from the Federal Bureau of Prisons, Legal Department, to
plaintiff acknowledging receipt of and rejecting plaintiff's
(ECF No. 3-1, Letter re Administrative
Tort Claim Received July 10, 2017.)
Plaintiff appears to have
written on this letter and requested to speak with "The Judge"
about the matter in conjunction with "case number cv173593."
On August 14, 2017, plaintiff filed a civil rights
complaint under the docket number 17-CV-3593.
(See ECF No. 4,
To date, plaintiff has failed to either pay the
filing fee or request to proceed IFP in this matter.
30, 2017, the Clerk's Office again sent the IFP and Prisoner
Authorization forms to plaintiff.
(ECF No. 5, Letter from the
Clerk of the Court, dated August 28, 2017.)
On October 5, 2017, plaintiff filed another set of
documents with the court, including two letters, one dated June
8, 2017, and one dated September 30, 2017.
(ECF No. 6,
Plaintiff's Letter to the Court, filed October 5, 2017, at 2, 45.)
The letter alleges misconduct and lost property, similar to
that alleged in plaintiff's June 20, 2017 letter.
Specifically, plaintiff alleges, inter alia, that property was
taken from him, he was denied access to the commissary at FCI
McDowell, and acts of misconduct were committed concerning his
(Id. at 2,
Plaintiff also enclosed an unsigned waiver of service
of summons form (id. at 3) and a letter from Warden Barbara
Rickard dated May 25, 2017, acknowledging receipt and review of
plaintiff's May 3, 2017 request for Administrative Remedy and
closing that request (id. at 1).
On November 20, 2017, plaintiff filed a letter
informing the court of his new address.
(EOF No. 7, Plaintiff's
Letter to the Court, dated November 6, 2017.)
In light of plaintiff's pro se status and in an
abundance of caution, the Clerk of Court is directed to re-send
the IFF and Prisoner Authorization forms to plaintiff, along
with instructions on how to complete those forms, and to note
service on the docket.
If he wishes to proceed with this
action, plaintiff must return the signed and completed forms
within 30 days of this Order.
If plaintiff fails to comply with
this Order within the time allowed, this action shall be
dismissed without prejudice.
USDJ KIYO A. MATSUMOTO
KIYO A. MATSUMOTO
United States District Judge
Eastern District of New York
Dated: Brooklyn, New York
January 9, 2018
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