Animashaun v. Superintendent of Midstate Correction et al
| Damilola Animashaun |
| Superintendent of Midstate Correction, John Does, Attorney General of New York, Attorney General of the United States of America, Commissioner of Midstate Correction Facility and Warden of Midstate Correction Facility |
| 1:2019cv02824 |
| May 8, 2019 |
| US District Court for the Eastern District of New York |
| Steven M Gold |
| Kiyo A Matsumoto |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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| Filing 6 NOTICE of Voluntary Dismissal Letter dated 6/28/19 by Damilola Animashaun, plaintiff pro se regarding withdrawing complaint. (Guzzi, Roseann) |
Filing 5
ORDER, granting Pltff's #2 Motion for Leave to Proceed in forma pauperis solely for the purpose of this Order. Accordingly, for the reasons explained below, the relief he seeks is to be pursued under 28 U.S.C. 2254, and theproper respondent is Animashaun's custodian, the Superintendent at Midstate Correctional Facility. Animashaun is granted thirty days to withdraw his Complaint or to file a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. If Animashaun fails to respond within thirty days of the date of this order, the court will dismiss his complaint without prejudice under 28 U.S.C. 1915 and 1915A for failure to state a claim, in order to preserve plaintiff's right to file a petition, provided it is timely, for habeas corpus relief pursuant to 28 U.S.C. 2254. The court certifies pursuant to28 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 purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully requested to serve Animashaun at his last known address in the docket, with a 28 U.S.C. 2254 petition form, along with a copy of this Order. No answer shall be required at this time and all further proceedings shall be stayed for thirty days. (Ordered by Judge Kiyo A. Matsumoto on 6/20/2019) c/m with 2254 Petition Form. (Galeano, Sonia)
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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. (Williams, Erica) |
| Filing 3 Prisoner Authorization (Williams, Erica) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Damilola Animashaun. (Williams, Erica) |
| Filing 1 COMPLAINT against Attorney General of New York, Attorney General of the United States of America, Commissioner of Midstate Correction Facility, John Does, Superintendent of Midstate Correction, Warden of Midstate Correction Facility, filed by Damilola Animashaun. (Attachments: #1 Civil Cover Sheet) (Williams, Erica) |
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