Coleman v. Tomprowski et al

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
FRANCISCO SANTOS and WINDSOR COLEMAN,
Plaintiffs,
v. 9:23-CV-0401
(GTS/TWD)
CHERYL PARMITEL, et al.,
Defendants.
APPEARANCES:
FRANCISCO SANTOS
Plaintiff, pro se
13-A-0532
Attica Correctional Facility
Box 149
Attica, NY 14011
WINDSOR COLEMAN
Plaintiff, pro se
17-A-2958
Mid-State Correctional Facility
P.O. Box 2500
Marcy, NY 13403
GLENN T. SUDDABY
United States District Judge
DECISION AND ORDER
I. INTRODUCTION
On March 30, 2023, pro se plaintiffs Francisco Santos ("Santos") and Windsor
Coleman ("Coleman") (collectively "plaintiffs") filed a complaint pursuant to 42 U.S.C. § 1983
("Section 1983") asserting claims arising out of their confinement in the custody of the New
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York State Department of Corrections and Community Supervision ("DOCCS"). Dkt. No. 1
("Compl."). The procedural history was summarized in this Court's prior Orders and will not
be restated herein. See Dkt. Nos. 5, 10, 19, 23.
On November 9, 2023, this Court issued a Decision and Order (the " November 2023
Order") directing Santos to pay the Court's filing fee of four hundred and two dollars
($402.00) in full and submit an amended complaint within thirty (30) days of the date of the
Decision and Order. Dkt. No. 23.
In November 2023 and December 2023, in lieu of the filing fee and amended
pleading, Santos filed a letter request and a Notice of Change of Address. Dkt. Nos. 24 and
25. On December 13, 2023, the Court issued the following Order:
On November 9, 2023, the Court issued an Order directing
plaintiff Santos to pay the Court's filing fee of four hundred and
two dollars ($402.00) in full and submit an amended complaint
within thirty (30) days. Dkt. No. 23. In lieu of the filing fee and
amended pleading, Plaintiff submitted a letter and Notice of
Change of Address. See Dkt. Nos. 24 and 25. In light of
Plaintiff's pro se status, Plaintiff is afforded ONE FINAL
thirty-day extension to comply with the Court's November Order.
Plaintiff is advised that if he fails to comply with this Order and
the November 2023 Order, he will be dismissed as a party to
this action, without prejudice without further order of this Court.
Dkt. No. 26 (the "December 2023 Order").
On December 18, 2023, Santos filed a Notice of Change of Address. Dkt. No. 27.
Upon receipt of the Notice, the Court forwarded a copy of the December 2023 Order to
Santos at his new address. Dkt. No. 28.
On January 4, 2024, Santos filed a letter request for various relief. Dkt. No. 29.
Specifically, plaintiff seeks (1) to "hold[] in abeyance the time limit deadline for the plaintiff
Santos' filing fee and amended complaint"; (2) to "hold[ ] in abeyance the time limit deadline
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for the filing of plaintiff's pro se documents in opposition/response to defendants' summary
judgment motion"; (2) an extension of time to file his opposition once the abeyance is lifted1;
(3) an order directing DOCCS to secure plaintiff's legal documents and personal property in
"storage heavy duty plastic bin[s]" rather than property bags; and (4) an order directing
DOCCS to stop "interfering with plaintiff's litigation of this action." Id. at 5-6.
As of the date of this Decision and Order, Santos has not complied with the November
2023 Order or the December 2023 Order.
WHEREFORE, it is hereby
ORDERED that Santos is DISMISSED as a plaintiff herein for his failure to comply
with the filing fee requirements for this action as set forth in the November 2023 and
December 2023 Order;
ORDERED that plaintiff's letter request (Dkt. No. 29) is DENIED; and it is further
ORDERED that the Clerk serve a copy of this Decision and Order on plaintiffs in
accordance with the Local Rules of Practice.
IT IS SO ORDERED.
Dated: January 25, 2024
1 The Court notes that there is no motion for summary judgment pending in this matter. Indeed, the
complaint has not yet been reviewed in accordance with 28 U.S.C. §§ 1915(e) and/or 1915A.
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