Trent v. Peddycoart et al
| Clarence W. Trent |
| Mark K. Peddycoart, Timothy McGuire and Vito Gazzola |
| 2:2022cv03351 |
| June 7, 2022 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Arlene R Lindsay |
| Prisoner Petitions (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 12 Prisoner Account Statement (Cubano, Jazmin) |
| Filing 11 Letter from Clerk of Court to Warden/Superintendent dtd 6/24/2022: Accordingly, please forward a copy of Plaintiff's prison trust fund account for the past six months and disburse the payments required under 28 U.S.C. f 1915 to the United States District Court for the Eastern District of New York. Please remember to include the above-referenced docket number on the disbursement checks before sending it to the Court. (Cubano, Jazmin) |
Filing 10
ORDER TO SHOW CAUSE: Accordingly, the application to proceed in forma pauperis is GRANTED. Accordingly, plaintiff is ordered to show cause as set forth below why the Court should not dismiss his action as time-barred. Accordingly, plaintiff is ordered to show cause in writing within sixty (60) days from the date of this Order why his claims arising from the events alleged to have occurred in August 2017 as alleged in the complaint are not barred by the applicable statute of limitations. Plaintiff is cautioned that his failure to timely comply with this Order absent a showing of good cause will lead to the dismissal of his claims with prejudice as time-barred pursuant to 28 U.S.C. 1915(e)(2)(b), 1915A(b). The Court certifies pursuant to 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 any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SEE ATTACHED FOR FURTHER DETAILS. So Ordered by Judge Gary R. Brown on 6/23/2022. (Cubano, Jazmin)
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| Filing 9 Prisoner Authorization (Cubano, Jazmin) |
| Filing 8 Letter from Pro Se Dept. to C. Trent dtd 6/15/22 acknowledging receipt of the civil action. See attached. (Cubano, Jazmin) |
| Filing 7 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. re MOTION for Leave to Proceed in forma pauperis see document #1 Request to Proceed in Forma Pauperis: The papers are deficient as your Prisoner Authorization form (PLRA) is for the Southern District. As such, we enclosed the correct form for the Eastern District of New York (EDNY). (Cubano, Jazmin) |
| Filing 6 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. (Cox, Dwayne) |
| Filing 5 Case transferred in from District of New York Southern; Case Number 1:22-cv-04110. Original file certified copy of transfer order and docket sheet received. |
| MAILING RECEIPT: Document No: 4. Mailed to: Clarence W. Trent 18A3811 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (kh) [Transferred from New York Southern on 6/7/2022.] |
| 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. (sac) [Transferred from New York Southern on 6/7/2022.] |
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Filing 4
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. 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Laura Taylor Swain on 5/31/2022) (sac) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 6/7/2022.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) [Transferred from New York Southern on 6/7/2022.] |
| MOTION for Leave to Proceed in forma pauperis see document #1 Request to Proceed in Forma Pauperis by Clarence W. Trent. (Cox, Dwayne) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Clarence W. Trent..(rdz) [Transferred from New York Southern on 6/7/2022.] |
| Filing 2 COMPLAINT against Vito Gazzola, Timothy McGuire, Mark K. Peddycouart. Document filed by Clarence W. Trent..(rdz) [Transferred from New York Southern on 6/7/2022.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Clarence W. Trent..(rdz) [Transferred from New York Southern on 6/7/2022.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 6/7/2022.] |
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