Kemp v. GEO Private Detention Center et al
| Joshua Kemp |
| GEO Private Detention Center, Warden Zirrillo, United States Marshal Service and Dr. Mahamad |
| 1:2019cv02750 |
| May 8, 2019 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Steven Tiscione |
| 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 June 7, 2019. A more recent docket listing may be available from PACER.
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Filing 7
ORDER DISMISSING CASE, Plaintiff pro se brought this action for injuries he sustained while incarcerated. Plaintiff requested to proceed in forma pauperis but did not submit the prisoner authorization form required by the Prison Litigation Reform Act (the "PLRA"). Failure to submit this document "is grounds for dismissal of an incarcerated plaintiff's complaint." Sanders v. United States, No. 17-cv-3593, 2018 WL 3148348, at *2 (E.D.N.Y. June 27, 2018).By letter dated May 13, 2019, plaintiff was provided with the proper form and was instructed to return the completed form within 14 days from the date of the letter. Because plaintiff has not submitted the PLRA form, this action is dismissed without prejudice. 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 purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). So Ordered by Judge Brian M. Cogan on 6/7/2019. (c/m) (Lee, Tiffeny)
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| Filing 6 Deficiency Letter dated 5/13/19 from Pro se Dept. to Josua D. Kemp enclosing PLRA form. (Guzzi, Roseann) |
| Filing 5 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. (Davis, Kimberly) |
| Filing 4 Case transferred in from District of New York Southern; Case Number 1:18-cv-02487. Original file certified copy of transfer order and docket sheet received. |
| Case Reassigned to Judge Brian M. Cogan. Judge Carol Bagley Amon no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
| Mailed a copy of #3 Transfer Order E.D.N.Y. (Complaint)(case opening only) to Joshua Kemp ID No. 72471-054 GEO Private Detention Center 182-22 150th Avenue Jamaica, NY 11413. (mhe) [Transferred from New York Southern on 5/10/2019.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York. (rdz) [Transferred from New York Southern on 5/10/2019.] |
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Filing 3
TRANSFER ORDER. The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern District of New York. The Clerk of Court is further directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. 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 Colleen McMahon on 4/27/2018) (rjm) [Transferred from New York Southern on 5/10/2019.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #3 Transfer Order E.D.N.Y. (Complaint) (case opening only) to the Docket Assistant Clerk for case processing. (rjm) [Transferred from New York Southern on 5/10/2019.] |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (rjm) [Transferred from New York Southern on 5/10/2019.] |
| MOTION for Leave to Proceed in forma pauperis see document #1 by Joshua Kemp. (Davis, Kimberly) |
| Filing 2 COMPLAINT against GEO Private Detention Center, Mahamad, United States Marshal Service, Zirrillo. Document filed by Joshua Kemp.(sac) [Transferred from New York Southern on 5/10/2019.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Joshua Kemp.(sac) [Transferred from New York Southern on 5/10/2019.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 5/10/2019.] |
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