Flemming v. Maher et al

Filing 3

ORDER DISMISSING CASE. Ordered that Complaint in this action is filed as a second amended complaint in action 9:05-cv-473 and shall be deemed to have been filed as of 7/11/05. Inmate authorization form filed in this action shall be deemed to have been filed as of 7/11/05 in action 9:05-cv-473. Signed by Judge Lawrence E. Kahn on 7/15/05. (alh)

Flemming v. Maher et al

Doc. 3

Case 9:05-cv-00855-LEK-DEP

Document 3

Filed 07/15/2005

Page 1 of 2

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------WOODROW FLEMMING, Plaintiff, -v.9:05-CV-0855 (LEK)(DEP)

DEPUTY MICHAEL MAHER, Acting Superintendent, et al. Defendants. ------------------------------------------------------------------------------APPEARANCES: W OODROW FLEMMING Petitioner, pro se 03-A-5259 Upstate Correctional Facility PO Box 2001 309 Bare Hill Road Malone, NY 12953 LAWRENCE E. KAHN, U.S. DISTRICT JUDGE ORDER This matter comes before the Court for review of a complaint and inmate authorization form filed by Woodrow Flemming ("Flemming" or "plaintiff"). However, upon review of the documents filed in this action, it is apparent from plaintiff's captioning of the documents that the pleading is intended to be an amended complaint, and it was intended to be filed in 9:05-CV-473 which plaintiff has pending in this Court. Further, the Court notes that Judge Hurd also directed plaintiff to file a proper inmate authorization form in case 9:05-CV-473. See Docket No. 4. Accordingly, the Clerk is directed to docket the complaint in this action as a second amended complaint in action 9:05-CV-473. Such second amended complaint shall be deemed to have been filed in 9:05-CV-473 as of July 11, 2005, the date this

Dockets.Justia.com

Case 9:05-cv-00855-LEK-DEP

Document 3

Filed 07/15/2005

Page 2 of 2

action was filed. Further, the Clerk is directed to file the inmate authorization form filed in this action in case 9:05-CV-473. The inmate authorization form shall be deemed to have been filed as of July 11, 2005, the date this action was filed. Upon the transfer of the amended complaint and inmate authorization form to the proper case, this action shall be dismissed. WHEREFORE, it is hereby ORDERED, that the Clerk is directed to file and docket the complaint in this action as a second amended complaint in action 9:05-CV-473. Such second amended complaint shall be deemed to have been filed in 9:05-CV-473 as of July 11, 2005, and it is further ORDERED, that the Clerk is directed to file and docket the inmate authorization form, presently filed in this action, in case 9:05-CV-473. The inmate authorization form shall be deemed to have been filed as of July 11, 2005, and it is further ORDERED, that upon the transfer of the amended complaint and inmate authorization form to the proper case, this action shall be dismissed ORDERED, that the Clerk serve a copy of this Order on the plaintiff by regular mail. IT IS SO ORDERED. DATED: July 15, 2005 Albany, New York

2