Proctor v. Quinn
| Allen Proctor |
| Doreen A. Quinn |
| 1:2019cv00833 |
| February 6, 2019 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Pamela K Chen |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 7 Prisoner Account Statement as to Allen Proctor. (Barrett, C) |
| Filing 6 CLERK'S JUDGMENT. It is ORDERED and ADJUDGED that pursuant to 28 U.S.C. 1915(e)(2)(B), the complaint is dismissed for failure to state a claim on which relief may be granted and because the sole Defendant is immune from suit; that pursuant to 28 U.S.C. 1915(a)(3), any appeal would not be taken in good faith; and that in forma pauperis status is denied for the purpose of appeal. Coppedge v. United States, 369 U.S. 438, 44445 (1962). Ordered by Clerk of Court, by Deputy Clerk Jalitza Poveda, on 2/20/2019. C/M w/Appeals Packet. (Barrett, C) |
Filing 5
ORDER: For the reasons set forth in the attached Memorandum and Order, the complaint is dismissed pursuant to 28 U.S.C. 1915(e)(2)(B) for failure to state a claim on which relief may be granted and because the sole Defendant is immune from suit. Because the facts alleged in the complaint make clear that Plaintiff cannot allege a viable 1983 claim against Defendant, the Court does not permit him to amend. See Russ v. Chavers, No. 10-cv-1370 (SLT) (JO), 2012 WL 170007, at *3 (E.D.N.Y Jan. 19, 2012) (denying pro se plaintiff leave to amend where all named defendants were immune from liability under 1983). The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal would not be taken in good faith, and therefore, in forma pauperis status is denied for the purpose of appeal. Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk of Court is respectfully directed to enter judgment and close this case. Ordered by Judge Pamela K. Chen on 2/19/2019. (Knapp, Cody)
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| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 3 Pursuant to 28 U.S.C. 1915 (as amended July 26, 1996), plaintiff is proceeding in forma pauperis and must pay the total $350 fee by monthly installments deducted from plaintiff's prison trust fund account (or institutional equivalent). (Bowens, Priscilla) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Allen Proctor. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Doreen A. Quinn, filed by Allen Proctor. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
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| Plaintiff: Allen Proctor | |
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| Defendant: Doreen A. Quinn | |
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