Hernandez v. Nassau Correctional Dept.
| Mr. Emmanuel Hernandez |
| Nassau Correctional Dept. |
| 2:2023cv08127 |
| October 30, 2023 |
| US District Court for the Eastern District of New York |
| Nusrat Jahan Choudhury |
| Arlene R Lindsay |
| Prisoner Petitions (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 14, 2023. A more recent docket listing may be available from PACER.
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ORDER The Court has received Plaintiff's letter requesting a copy of ECF No. #2 , ECF No. #4 . In light of Plaintiff's statement that he wishes to pursue his case, the Court extends the time for Plaintiff to complete an application to proceed in forma pauperis an additional fourteen days from the date of this order. Plaintiff shall complete and return the enclosed IFP application and Prisoner Litigation Authorization form (PLA). 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 IFP 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 12/14/2023. (DE)
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| Filing 4 Letter from Pro Se Litigant requesting a copy of DE #2 Notice of Deficient Filing. (AMF) |
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ORDER On October 30, 2023, Plaintiff Emmanuel Hernandez filed a pro se complaint in this Court from the Nassau County Correctional Center. Plaintiff did not remit the filing fee nor did he file an application to proceed in forma pauperis (IFP) with the required Prisoner Litigation Authorization form (PLA). On November 2, 2023, this Court instructed Plaintiff to complete and return the enclosed IFP application and PLA within fourteen (14) days in order to proceed with this case. That order 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 an IFP application and PLA nor has Plaintiff otherwise communicated with the Court. Accordingly, in an abundance of caution and in light of Plaintiffs pro se status, the Court affords Plaintiff a final opportunity to complete and return the enclosed IFP application and 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 IFP status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). So Ordered.Ordered by Judge Nusrat J. Choudhury on 11/27/2023. (DE)
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| Filing 3 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (DC) |
| Filing 2 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. re: #1 Complaint. A total fee of $402 (consisting of $350 civil action filing fee and a $52 administrative fee) [in cash, if submitted in person] or by certified check or money order made payable to the Clerk of Court, U.S.D.C., E.D.N.Y., is required in order to commence a civil action other than an application for a Writ of Habeas Corpus or a motion under 28 U.S.C. 2255-or-you may request to waive the filing fee by completing an IFP application pursuant to 28 U.S.C. 1915. 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 1 COMPLAINT against Nassau Correctional Dept. Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Emmanuel Hernandez. (Attachments: #1 Civil Cover Sheet) (DC) |
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