Berg v. The State of New York et al
| Michael Robert Berg |
| The State of New York, Rossana Rosado, Letitia James and Andrew Cuomo |
| 9:2021cv00704 |
| June 15, 2021 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Brenda K Sannes |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 30, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 5
DECISION AND ORDER: It is hereby ORDERED that plaintiff's complaint (Dkt. No. #1 ), to the extent it asserts claims arising out of Great Meadow Correctional Facility, Coxsackie Correctional Facility, and in Clinton County, is DISMISSED without prejudice without further Order of the Court for failure to state a claim upon which relief may be granted pursuant to Section 1915A unless, within 30 days of the date of this Decision and Order, plaintiff files an amended complaint that corrects the deficiencies identified herein; and it is further ORDERED that the Clerk shall serve a copy of this Decision and Order on plaintiff. Signed by Judge Brenda K. Sannes on July 26, 2021. (Copy served via regular mail on plaintiff).(rep)
|
|
Set Deadlines: Notice of Compliance Deadline 8/26/2021; Case Review Deadline 9/27/2021. (rep)
|
|
Filing 4
Case transferred in from District of New York Southern; Case Number 1:21-cv-03293. electronically transferred when case opened
|
|
Filing 3
PARTIAL TRANSFER ORDER AND ORDER TO AMEND: Plaintiff is granted leave to file an amended complaint to detail his claims that arise from events at Green Haven. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 21-CV-3293 (LTS). An Amended Civil Rights Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the complaint will be dismissed for failure state a claim upon which relief may be granted. The Clerk of Court is further directed to sever the claims arising in Great Meadow Correctional Facility, Coxsackie Correctional Facility, and in Clinton County, and transfer them, under 28 U.S.C. 1404(a), to the United States District Court for the Northern District of New York. The Clerk of Court is 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) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED (Signed by Judge Laura Taylor Swain on 6/14/21) (rdz) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 6/16/2021.]
|
|
Pro Se Payment of Fee Processed: $402.00 Check processed by the Finance Department on 05/21/2021, Receipt Number 465401279881. (bwi) [Transferred from New York Southern on 6/16/2021.]
|
|
Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization 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). Filing Fee due by 6/4/2021. In Forma Pauperis (IFP) Application due by 6/4/2021. Prisoner Authorization Form due by 6/4/2021. (Signed by Judge Laura Taylor Swain on 05/04/2021) (Attachments: #1 Supplement ifp, #2 Supplement plra) (bl) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 6/16/2021.]
|
|
Mailed a copy of #2 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to Michael Robert Berg, DIN: 11A1050 at Green Haven Correctional Facility, 594 Rt. 216, P.O. Box 4000, Stormville, Ny 12582. (Attachments: # 1 Supplement ifp, # 2 Supplement plra) (dsh) [Transferred from New York Southern on 6/16/2021.]
|
|
NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(wb) [Transferred from New York Southern on 6/16/2021.]
|
|
CASHIERS OFFICE REMARK on Staff Notes. Money order in the amount $350.00 received by Finance Office. Partial fee payment will be held by the Finance Office pending further order of the Court. (cde) [Transferred from New York Southern on 6/16/2021.]
|
|
Filing 1
COMPLAINT against Andrew Cuomo, Letitia James, Rossana Rosado, The State of New York. Document filed by Michael Robert Berg. (sac) [Transferred from New York Southern on 6/16/2021.]
|
|
Case Designated ECF. (sac) [Transferred from New York Southern on 6/16/2021.]
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
