Avent v. Estervez et al
| Reuben Avent |
| Briggs, John Doe, P.O. Estervez, Unknown Parole Director, P.O. Coons, P.O. Meilunas, P.O. Arthur, P.O. Estevez and New York State Division of Parole |
| Anthony Annucci |
| 1:2020cv00908 |
| August 12, 2020 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Lawrence E Kahn |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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| Document Text |
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| Filing 11 Mail Returned as Undeliverable. The #10 Report and Recommendations was sent to Reuben Avent 01-A-5796, Attica Correctional Facility, Box 149, Attica, NY 14011. Envelope marked Return to Sender, Not Deliverable as Addressed, Unable to Forward, Inmate Not Here. (pjh, ) |
Filing 10
ORDER & REPORT AND RECOMMENDATION: It is RECOMMENDED that the Plaintiff's #3 Complaint filed by Reuben Avent be DISMISSED WITH PREJUDICE. Objections to R&R due by 9/4/2020 Case Review Deadline 9/8/2020. Signed by US Magistrate Judge Andrew T. Baxter on 8/21/2020. {Copy served upon the pro se plaintiff via regular mail)(jmb)
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| Filing 9 Case transferred in from District of New York Southern; Case Number 1:20-cv-01197. electronically transferred when case opened |
| Mailed a copy of #8 Order 30 Days Other (case opening), Add and Terminate Parties, to Reuben F. Avent at 2363 Adam Clayton Powell Jr. Blvd, Apt. 5 j, New York, NY 10030. (dsh) [Transferred from New York Southern on 8/12/2020.] |
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Filing 8
ORDER: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court dismisses Plaintiff's claims against Commissioner Annucci and the New York State Division of Parole. See 28 U.S.C. 1915(e)(2)(B)(ii)-(iii). The Court severs Plaintiff's claims against Parole Officers Meilunas, Arthur, Coons, Briggs, and John Doe and Plaintiff's claims challenging his 2018 parole revocation and transfers these claims to the United States District Court for the Northern District of New York, where the claims arose. The Court also severs Plaintiff's claims challenging his 2009 Rockland County resentencing, and directs the Clerk of Court to open such claims as a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 under a new docket number against the New York State Division of Parole. If Petitioner wishes to pursue relief under 2254, he may notify the Court in writing within thirty days that he wishes to do so. See Castro v. United States, 540 U.S. 375, 383 (2003); Adams v. United States, 155 F.3d 582, 584 (2d Cir. 1998) (per curiam); Cook v. New York State Div. of Parole, 321 F.3d 274, 282 (2d Cir. 2003). The Court will dismiss the new action without prejudice if Plaintiff does not notify the Court in writing within 30 days of his intent to pursue a petition under 2254. Plaintiff's claims against Parole Officer Estervez and an unknown Senior Parole Officer, both from Manhattan, shall proceed under this docket number. (Signed by Judge Louis L. Stanton on 8/4/2020) (nb) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 8/12/2020.]
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| PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Parole Officers Meilunas, Arthur, Coons, Briggs, and John Doe only, from the U.S.D.C. Southern District of New York to the United States District Court - Northern District of New York. (nb) [Transferred from New York Southern on 8/12/2020.] |
| Filing 7 LETTER addressed to United States District Court from Reuben Avent dated 4/20/20 re: address change to 2363 Adam Clayton Powell Jr. Blvd., Apt. 5 j, New York, New York 10030. Document filed by Reuben F. Avent, Reuben Avent.(yv) [Transferred from New York Southern on 8/12/2020.] |
| Mailed a copy of #6 Order 30 Days Other (case opening),Reuben F. Avent #3492000607, Rikers Island OBCC, 1600 Hazen Street, E. Elmhurst, NY 11370.(rdz) [Transferred from New York Southern on 8/12/2020.] |
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Filing 6
ORDER: The Clerk of Court is directed to mail a copy of this order to Plaintiff at his address of record and at his prior address: 2363 Adam Clayton Powell Jr. Blvd Apt. 5J New York, NY 10030. It is Plaintiff's obligation to provide the Court with an address for mail service, see Fed. R. Civ. P. 11(a), and he has not provided an address where he can be served. The Court therefore directs Plaintiff, within thirty days, to provide the Court with his new mailing address. The Court will dismiss this action without prejudice if Plaintiff fails to provide the Court with an address for service. If Plaintiff wishes to consent to electronic service, Plaintiff should fill out the Consent & Registration Form to Receive Documents Electronically, a copy of which is attached to this order. (Signed by Judge Colleen McMahon on 4/16/2020) (sac) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 8/12/2020.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Unassigned is no longer assigned to the case. (ad) [Transferred from New York Southern on 8/12/2020.] |
| Filing 5 LETTER from Reuben Avent, dated 3/15/20 re: CHANGE OF ADDRES & EXTENSION OF TIME - Please find my change of address at Rikers Island OBCC, 1600 Hazen Street,East Elmhurst, New York 11370; and I request an extension of time to meet all prior deadlines for responsive pleadings etc. Document filed by Reuben Avent, Reuben Avent.(sc) [Transferred from New York Southern on 8/12/2020.] |
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Filing 4
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 2/13/2020) (sac) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 8/12/2020.]
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| Mailed a copy of #4 Order Granting IFP Application to Reuben Avent 2363 Adam Clayton Powell Jr. Blvd Apt. 5J New York, NY 10030..(vba) [Transferred from New York Southern on 8/12/2020.] |
| Mailed a copy of #1 Order, to Reuben Avent 2363 Adam Clayton Powell Jr. Blvd Apt. 5J New York, NY 10030. (aea) [Transferred from New York Southern on 8/12/2020.] |
| Filing 3 COMPLAINT against Anthony Annucci, Arthur, Briggs, Coons, John Doe, Estervez, Estevez, Meilunas, New York State Division of Parole, Unknown Parole Director. Document filed by Reuben Avent. (sac) [Transferred from New York Southern on 8/12/2020.] |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Reuben Avent. (sac) [Transferred from New York Southern on 8/12/2020.] |
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Filing 1
ORDER: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court further directs the Clerk of Court to (1) strike from this action the document filed as an amended complaint (ECF No. 11) and the in forma pauperis application (ECF No. 10), retaining the summary docket text for the record; and(2) open a new civil action with the documents that are stricken from this action. The Court's January 17, 2020 order, granting Plaintiff sixty days to file, should he wish to do so, an amended complaint regarding alleged discrimination against him in his attempts to obtain a charitable solicitation registration number, remains in effect. (ECF No. 9.) 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 Colleen McMahon on 2/6/2020) (sac) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 8/12/2020.]
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| Case Designated ECF. (sac) [Transferred from New York Southern on 8/12/2020.] |
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