Silva v. Annucci et al
| Santo Carrero Silva |
| Anthony J. Annucci, Lynn J. Lilley and Medical Department |
| 9:2022cv01020 |
| September 29, 2022 |
| US District Court for the Northern District of New York |
| Thomas J McAvoy |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 8, 2022. A more recent docket listing may be available from PACER.
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Filing 7
DECISION AND ORDER: ORDERED that the complaint is DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted. ORDERED that if Plaintiff wishes to proceed with this action, he must file an amended complaint as set forth above within thirty (30) days from the date of the filing of this Decision and Order. ORDERED that, if plaintiff timely files an amended complaint, this matter be returned to the Court for further review. ORDERED that if plaintiff fails to timely file an amended complaint as directed, the Clerk shall enter judgment indicating this action is DISMISSED without prejudice without further order of this Court pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b)(1) for failure to state a claim upon which relief may be granted and for failure to comply with this Decision and Order. In that event, the Clerk is directed to close this case. Signed by Senior Judge Thomas J. McAvoy on November 8, 2022. ( Notice of Compliance Deadline 12/8/2022, Case Review Deadline 1/9/2023){order served via regular mail on plaintiff} (nas)
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Filing 6
Case transferred in from District of New York Southern; Case Number 1:22-cv-07635. electronically transferred when case opened
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MAILING RECEIPT: Document No: 5. Mailed to: Santo Carrero Silva DIN:13A3235 P.O. Box 338 Napanoch, NY 12458-0338. (kh) [Transferred from New York Southern on 9/29/2022.]
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CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York. (sac) [Transferred from New York Southern on 9/29/2022.]
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Filing 5
TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Northern District of New York. A summons shall not issue from this Court. This order closes this case. The Court certifies, under 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/22/2022) (sac) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 9/29/2022.]
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (aea) [Transferred from New York Southern on 9/29/2022.]
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MAILING RECEIPT: Document No: 4. Mailed to: Santo Carrero Silva DIN:13A3235 P.O. Box 338 Napanoch, NY 12458-0338. Also mailed a copy to the Superintendent of Eastern NY Correctional Facility, P.O. Box 338, Napanoch, NY 12458-0338. (kh) [Transferred from New York Southern on 9/29/2022.]
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Filing 4
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Laura Taylor Swain on 9/8/2022) (vn) [Transferred from New York Southern on 9/29/2022.]
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Filing 3
PRISONER AUTHORIZATION. Document filed by Santo Carrero Silva. (sac) [Transferred from New York Southern on 9/29/2022.]
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Filing 2
COMPLAINT against Anthony J. Annucci, Lynn J. Lilley, MedicaL Department. Document filed by Santo Carrero Silva. (sac) [Transferred from New York Southern on 9/29/2022.]
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Santo Carrero Silva. (sac) [Transferred from New York Southern on 9/29/2022.]
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Case Designated ECF. (sac) [Transferred from New York Southern on 9/29/2022.]
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