Johnson v. Hayes et al
| Theodore Johnson |
| Lieutenant Hayes, Lieutenant Dupree, D.C.T. Skyes, D.C.T. Anku, D.C.T. Pena, C.O. Jeffrey, C.O. Alston, S.O.S. Rodriguez, C.O. Matos, C.O. Cissi, C.O. Chambers and Unknown |
| 1:2021cv04560 |
| August 9, 2021 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Rachel P Kovner |
| 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 September 21, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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ORDER: Plaintiff's letter states that he is not prepared to litigate his case and has not exhausted his administrative remedies. He asks the Court to cancel the civil docket case 21-cv-4560 because he does not want this unfortunate mistake to end up as a strike on [his] record. The Court construes plaintiff's letter as a notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Rule 41(a)(1) dismissals [do not] count as strikes under 28 U.S.C. 1915(g). Morehouse v. Vasques, No. 17-CV-4836 (KMK), 2018 WL 4211320, at *5 (S.D.N.Y. Sept. 4, 2018). The case is dismissed without prejudice under Rule 41(a)(1)(A)(i). Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk of the Court is respectfully directed to mail a copy of this order to the petitioner. Ordered by Judge Rachel P. Kovner on 9/21/2021. (JB)
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| Filing 6 Letter from Theodore Johnson dated 9/4/2021 re: mistake being made with filing Complaint. (Herrera, Isaiah) |
| Filing 4 Letter to the Warden dated 9/1/21 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). (Prisoner Authorization attached). (Copy of Warden Letter mailed out). (Herrera, Isaiah) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Theodore Johnson. (Attachments: #1 Letter) (Herrera, Isaiah) |
| Filing 3 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 2 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. Mailed out on 8/13/2021. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Alston, Anku, Chambers, Cissi, Dupree, Hayes, Jeffrey, Matos, Pena, Rodriguez, Skyes, Unknown, filed by Theodore Johnson. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
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