Wingate v. City of New York
||City of New York
||June 7, 2017
||US District Court for the Northern District of New York
||Mae A. D'Agostino
||David E. Peebles
|Nature of Suit:
||Prisoner: Civil Rights
|Cause of Action:
||42:1983 Prisoner Civil Rights
|Jury Demanded By:
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|October 19, 2017
JUDGMENT entered pursuant to the Decision and Order of the Honorable Judge Mae A. D'Agostino, dated the 15th day of August, 2017. (served on plaintiff by regular mail) (alh, )
|August 15, 2017
DECISION AND ORDER: ORDERED that plaintiff's motion for reconsideration (Dkt. No. 6 ) is DENIED. ORDERED that plaintiff's IFP Application (Dkt. No. 8 ) is DENIED pursuant to 28 U.S.C. § 1915(g) because plaintiff has three " strikes" and is not entitled to the "imminent danger" exception. ORDERED that this action shall be DISMISSED unless, within thirty (30) days of the date of this Decision and Order, plaintiff either (i) pays the Court's filing f ee of four hundred dollars ($400.00) in full, or (ii) files an amended complaint demonstrating that he faced an "imminent danger of serious physical injury" from the defendants when he commenced this action. ORDERED that upon plaint iff's compliance with this Decision and Order, the Clerk of the Court shall return the file to this Court for review. ORDERED that if plaintiff fails to timely comply with this Decision and Order, the Clerk of the Court is directed to enter judgment dismissing this action, without prejudice, without further order of this Court. Signed by U.S. District Judge Mae A. D'Agostino on 8/15/17. (served on plaintiff by regular mail) (alh, )
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