Praileau v. The United States et al
| William Praileau |
| Superintendent, Downstate Correctional Facility, Harry Buffardi, William Paolozzi, Superintendent, South Port Correctional Facility, New York State Department of Correction and Community Supervision, Superintendent, Marcy Correctional Facility, Janet Vazquez, Craig Apple, The County of Schenectady, Superintendent, Governour Correctional Facility, Cape Vincent Correctional Facility, New York State Unified Court System, The County of Albany, Polly Hoye, Superintendent, Cayuga Correctional Facility, The State of New York, Patricia O'Malley, Glenville Police Department, The City of New York, Superintendent of Great Meadow Correctional Facility, Kyle Reif, Karen Drago, Amy Burock, The County of New York, The Town of Glenville, New York State Division of Parole, The State of University of New York at Albany and The United States |
| 1:2017cv00836 |
| August 1, 2017 |
| US District Court for the Northern District of New York |
| Albany Office |
| XX US, Outside State |
| Christian F Hummel |
| Gary L Sharpe |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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| Filing 15 Case transferred in from District of New York Southern; Case Number 1:16-cv-07882. electronically transferred when case opened |
| Mailed a copy of #14 Order, to William Praileau 8 East 109th Street New York, NY 10029. (jgo) [Transferred from New York Southern on 8/1/2017.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York. (rdz) [Transferred from New York Southern on 8/1/2017.] |
Filing 14
TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Northern District of New York. The Clerk of Court is further directed to mail a copy of this order to Plaintiff and note service on the docket. 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). (Signed by Judge Colleen McMahon on 7/19/2017) (rdz) [Transferred from New York Southern on 8/1/2017.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #14 Order, to the Docket Assistant Clerk for case processing. (rdz) [Transferred from New York Southern on 8/1/2017.] |
| Filing 13 STATEMENT/ ALLEGATIONS (REGARDING DOCUMENT #11 ORDER & VENUE). Document filed by William Praileau. (sc) [Transferred from New York Southern on 8/1/2017.] |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #12 Notice of Appeal filed by William Praileau were transmitted to the U.S. Court of Appeals. (tp) [Transferred from New York Southern on 8/1/2017.] |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #12 Notice of Appeal. (tp) [Transferred from New York Southern on 8/1/2017.] |
| Filing 12 NOTICE OF APPEAL from #11 Order. Document filed by William Praileau. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) [Transferred from New York Southern on 8/1/2017.] |
| Appeal Fee Due: for #12 Notice of Appeal. Appeal fee due by 6/14/2017. (tp) [Transferred from New York Southern on 8/1/2017.] |
| Appeal Remark as to #12 Notice of Appeal filed by William Praileau. IFP DENIED 05/03/2017. (tp) [Transferred from New York Southern on 8/1/2017.] |
| Mailed a copy of #11 Order to William Praileau, 8 East 109th Street, New York, NY 10029. (rro) [Transferred from New York Southern on 8/1/2017.] |
| Mailed a copy of #11 Order to New York County Civil Court, 111 Centre Street, New York, New York 10013. (rro) [Transferred from New York Southern on 8/1/2017.] |
| CASE REMANDED OUT Document #4 from the U.S.D.C. Southern District of New York to the State Court - CIVIL COURT County of New York via UPS Tracking Number 1Z E22 E53 22 1001 868 8 on 5/9/2017. (rdz) [Transferred from New York Southern on 8/1/2017.] |
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Filing 11
ORDER: The Clerk of Court is instructed to mail a copy of this Order to Plaintiff and note service on the docket. The Court dismisses Plaintiffs A.M.P., Y.A.P., A.A.P., B.A.P., and $10,000,000. Removal of Praileau v. City of New York, No. CV-013374-16/NY (N.Y. Civ. Ct. Jul. 26, 2016), to this Court is improper, and the Court remands it to the New York County Civil Court. The Court respectfully requests that the Clerk of Court mail a copy of this order to the New York County Civil Court at the following address: 111 Centre Street, New York, New York 10013. The Court dismisses the City of New York, the County of New York, and the Superintendent of Downstate Correctional Facility as defendants. See 28 U.S.C. 1915(e)(2)(B)(ii). The Court also dismisses Plaintiffs admiralty claims and his claims against the United States of America and the New York County District Attorney's Office as frivolous. 28 U.S.C. 1915(e)(2)(B)(i). Plaintiff is directed to submit a declaration addressing why this case should not be transferred to the Northern District of New York within 30 days after the date of this Order. A declaration form is attached to 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 an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Colleen McMahon on 5/3/2017) (rdz) Modified on 5/5/2017 (rdz). Modified on 5/24/2017 (rdz). Modified on 5/24/2017 (rdz). [Transferred from New York Southern on 8/1/2017.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #11 Order, to the Docket Assistant Clerk for case processing. (rdz) [Transferred from New York Southern on 8/1/2017.] |
| USCA Case Number 17-0357 from the U.S. Court of Appeals, Second Circuit assigned to #8 Notice of Appeal filed by William Praileau. (nd) [Transferred from New York Southern on 8/1/2017.] |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #8 Notice of Appeal filed by William Praileau were transmitted to the U.S. Court of Appeals. (nd) [Transferred from New York Southern on 8/1/2017.] |
| Mailed a copy of #10 Order Granting IFP Application to William Praileau, 8 East 109th Street New York, NY 10029. (rro) [Transferred from New York Southern on 8/1/2017.] |
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Filing 10
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Colleen McMahon on 2/8/2017) (sac) [Transferred from New York Southern on 8/1/2017.]
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Filing 9
ORDER: Because Plaintiff has shown cause for not timely complying with the Court's order, and has also complied with that order, Plaintiff's motion to reopen this action is GRANTED. The Clerk of Court is directed to vacate the order and judgment dated January 6, 2017 (ECF Nos. 5, 6), and reopen this case. The Clerk of Court is further directed to mail a copy of this order to Plaintiff and note service on the docket. 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). (Signed by Judge Colleen McMahon on 2/8/2017) (rdz) [Transferred from New York Southern on 8/1/2017.]
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| Filing 8 NOTICE OF APPEAL from #5 Order of Dismissal, #6 Judgment - Sua Sponte (Complaint). Document filed by William Praileau. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Motion for IFP). (tp) [Transferred from New York Southern on 8/1/2017.] |
| Filing 7 NOTICE OF MOTION TO REOPEN; re: to Reopen Case. Document filed by William Praileau.(sc) [Transferred from New York Southern on 8/1/2017.] |
| Mailed a copy of #5 Order of Dismissal, #6 Judgment - Sua Sponte (Complaint), to William Praileau, 8 East 109th Street, New York, NY 10029. (jwh) [Transferred from New York Southern on 8/1/2017.] |
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Filing 6
Vacated as per Judges Order dated 2/8/2017, Doc. #9 CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice for Plaintiffs failure to resubmit the signature pages of the application to proceed in forma pauperis and the complaint with original signatures. See 28 U.S.C. 1914, 1915; Fed. R. Civ. P. 11(a).The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Plaintiff and note service on the docket. (Signed by Judge Colleen McMahon on 1/6/2017) (rdz) Modified on 1/9/2017 (rdz). Modified on 2/10/2017 (rdz). Modified on 2/10/2017 (rdz). [Transferred from New York Southern on 8/1/2017.]
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Filing 5
Vacated as per Judges Order dated 2/8/2017, Doc. # 9 ORDER OF DISMISSAL: Plaintiff has not resubmitted these documents with the required original signatures. Accordingly, the complaint is dismissed without prejudice. See 28 U.S.C. 1914, 1915; Fed. R. Civ. P. 11(a). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service onthe docket. 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 IFP 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 Colleen McMahon on 1/6/2017) (rdz) Modified on 2/10/2017 (rdz). [Transferred from New York Southern on 8/1/2017.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #5 Order of Dismissal, #6 Judgment - Sua Sponte (Complaint), to the Docket Assistant Clerk for case processing. (rdz) [Transferred from New York Southern on 8/1/2017.] |
| Filing 4 LETTER from William Praileau re: Plaintiff notifies the Court that he hereby serves the Notice of Removal and/or Joinder of case #CV-013374-16/NY currently pending in the Civil Court of the City of New York, County New York, State of New York etc. Document filed by William Praileau.(sc) [Transferred from New York Southern on 8/1/2017.] |
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Filing 3
ORDER DIRECTING ORIGINAL SIGNATURE: Plaintiff is directed to submit a signed signature page to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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 an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Signature Page due by 12/16/2016. (Signed by Judge Colleen McMahon on 11/16/2016) (Attachments: #1 Supplement Complaint Signature Page, #2 Supplement IFP Application Signature Page)(dol) [Transferred from New York Southern on 8/1/2017.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #3 Order Directing Original Signature,,, to the Docket Assistant Clerk for case processing. (dol) [Transferred from New York Southern on 8/1/2017.] |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb) [Transferred from New York Southern on 8/1/2017.] |
| Filing 2 COMPLAINT against Craig Apple, Harry Buffardi, Amy Burock, Cape Vincent Correctional Facility, Karen Drago, Glenville Police Department, Polly Hoye, New York State Department of Corrections and Community Supervision, New York State Division of Parole, New York State Unified Court System, Patricia O'Malley, William Paolozzi, Kyle Reif, Superintendent, Cayuga Correctional Facility, Superintendent, Downstate Correctional Facility, Superintendent, Governour Correctional Facility, Superintendent, Great Meadow Correctional Facility, Superintendent, Marcy Correctional Facility, Superintendent, South Port Correctional Facility, The City of New York, The County of Albany, The County of New York, The County of Schenectady, The State of New York, The State of University of New York at Albany, The Town of Glenville, The United States. Document filed by William Praileau.(rdz) [Transferred from New York Southern on 8/1/2017.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by William Praileau.(rdz) [Transferred from New York Southern on 8/1/2017.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 8/1/2017.] |
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