Braswell v. State Police, New York et al
| Wayne Braswell |
| State Police, New York, John Doe #1, John Doe #2 and John Doe #3 |
| 2:2023cv06794 |
| September 5, 2023 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Nusrat Jahan Choudhury |
| Lee G Dunst |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on October 18, 2023. A more recent docket listing may be available from PACER.
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ORDER. On September 5, 2023, Wayne Braswell (Plaintiff) filed a pro se complaint in this Court while incarcerated at the Suffolk County Correctional Facility with an application to proceed in forma pauperis. However, Plaintiff did not file the required Prisoner Litigation Authorization form (PLA). Accordingly, by Notice of Deficiency dated September 13, 2023, Plaintiff was instructed to complete and return the enclosed PLA within fourteen (14) days in order to proceed with this case. The Notice was mailed to Plaintiff at his address of record and has not been returned to the Court as undeliverable. To date, Plaintiff has not filed the PLA nor has he otherwise communicated with the Court. Accordingly, in an abundance of caution and in light of Plaintiffs pro se status, he is afforded a final opportunity to complete and return the enclosed PLA within 14 days. Plaintiff is on notice that the complaint will be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute should he fail to timely comply with this Order. 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). Ordered by Judge Nusrat J. Choudhury on 10/18/2023.(ASB)
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| Case Reassigned to Judge Nusrat Jahan Choudhury. Judge Joan M. Azrack 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. (BBM) |
| Filing 5 Notice of Related Case: 23-cv-6792-JMA-LGD The Civil Cover Sheet filed in this civil action indicates a related case. (DC) Modified to correct the related case number on 9/15/2023 (DC). |
| Filing 4 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. re: #1 Complaint. If you are a prisoner, you must also complete the Prisoner Authorization form along with the IFP application. An IFP application and/or Prisoner Authorization is enclosed. (DC) |
| 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. (DC) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Wayne Braswell. (DC) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Wayne Braswell. (Attachments: #1 Civil Cover Sheet) (DC) |
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