Berg v. The State of New York et al
||June 15, 2021
||US District Court for the Northern District of New York
|Nature of Suit:
||Prisoner: Civil Rights
|Cause of Action:
||42:1983 Prisoner Civil Rights
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|July 26, 2021
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 witho ut 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)
|June 14, 2021
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 w ithin 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 iss ue 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 d irected 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 therefo re 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.]
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