Martinez v. The State of New York
| Sabas Martinez |
| The State of New York |
| 9:2021cv01033 |
| September 20, 2021 |
| US District Court for the Northern District of New York |
| Brenda K Sannes |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 8, 2022. A more recent docket listing may be available from PACER.
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Filing 6
DECISION AND ORDER ORDERED that Plaintiff's IFP Application (Dkt. No. #2 ) 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 all claims against the State of New York are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) because Plaintiff seeks monetary relief from a defendant who is immune from such relief. ORDERED that this action shall be DISMISSED unless, within thirty (30) days of the date of this Decision and Order: (1) Plaintiff pays the Court's filing fee of four hundred and two dollars ($402) in full; and (2) Plaintiff files an Amended Complaint as set forth above. ORDERED that upon Plaintiff's compliance with this Decision and Order, the Clerk of the Court shall return the file to this Court for review of the Amended Complaint in accordance with 28 U.S.C. 1915A. ORDERED that if Plaintiff fails to timely comply with this Decision and Order, the Clerkof the Court is directed to enter judgment dismissing this action, without prejudice, without further order of this Court. ORDERED that Plaintiff' motion for counsel (Dkt. No. #4 ) is held in abeyance. Signed by Judge Brenda K. Sannes on November 2, 2021. (Attachments: #1 case law cited, #2 case law cited, #3 case law cited, #4 case law cited, #5 case law cited, #6 case law cited, #7 case law cited, #8 case law cited) {order served via regular mail on plaintiff}(nas, )
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| Filing 5 Letter from Martinez. Updated copy of docket sheet provided. (nas, ) |
| Filing 4 MOTION to Appoint Counsel filed by Sabas Martinez.(nas, ) |
| Filing 3 INMATE AUTHORIZATION FORM by Sabas Martinez. (nas, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Sabas Martinez(nas, ) |
| Filing 1 COMPLAINT against The State of New York filed by Sabas Martinez. (Attachments: #1 verification and affidavit of service, #2 Civil Cover Sheet, #3 envelope)(nas, ) |
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| Plaintiff: Sabas Martinez | |
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| Defendant: The State of New York | |
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