Altman v. Corporal Harvey, et al
| Brian P. Altman |
| Nassau County Sheriff's Dept., Nassau County Correctional Center, Corporal Harvey and Correction Officer Barnett |
| 2:2022cv01647 |
| March 21, 2022 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Arlene R Lindsay |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing 6
ORDER: For the reasons stated in the attached Memorandum and Order, Plaintiff's 42 U.S.C. 1983 claims against the Nassau County Correctional Center and the Sheriff's Department of Nassau County are dismissed for failure to state a claim on which relief may be granted, while the claims against the remaining Defendants may proceed. Plaintiff's request to proceed in forma pauperis ("IFP") is granted. Plaintiff is granted leave to file an amended complaint within thirty (30) days from the date of this Memorandum and Order. Any amended complaint will be reviewed for sufficiency. All further proceedings shall be stayed for thirty (30) days to allow Plaintiff to comply with this Order. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal would not be taken in good faith and therefore IFP status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully directed to amend the caption of this case consistent with this Memorandum and Order. Ordered by Judge Pamela K. Chen on 4/25/2022. (Kim, Eliot)
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| Filing 5 Notice to Pay Civil Filing Fee - Prisoner Case. Pursuant to 28 U.S.C. 1915 (as amended July 26, 1996), plaintiff/petitioner is proceeding in forma pauperis and must pay the total $350 fee by monthly installments deducted from plaintiffs/petitioners prison trust fund account (or institutional equivalent). Original letter sent to the Warden/Superintendent of Correctional Facility. (Bowens, Priscilla) |
| 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 Prisoner Authorization (Bowens, Priscilla) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Brian P. Altman. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants, filed by Brian P. Altman. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
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