Hernandez v. Kirby Forensic Psychiatric Hospital et al
| Victor Hernandez |
| Daniels, Fields and Vincent Miccolli |
| 1:2014cv05910 |
| July 28, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Alison J. Nathan |
| Henry B. Pitman |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
198
OPINION AND ORDER re: 196 MOTION for Extension of Time to File. filed by Victor Hernandez. Mr. Hernandez has satisfied Rule 4(a)(5)'s two criteria for such an extension. His time to file a notice of appeal expired on October 24, 2019. But he moved for an extension within thirty days of that date; the Court received his motion on November 22, 2019. Dkt. No. 196. He has therefore satisfied Rule 4(a)(5)(A)(i). He has also shown good cause for an extension. His motion states that he "was very sick with bronchitis due to full blown AIDS." Id His illness is not in dispute; this litigation arises from it. He has thus also satisfied Rule 4(a)(5)(A)(ii). Mr. Hernandez's request for an extension of time to file a notice of appeal is therefore GRANTED. (as further set forth herein). A copy of this Order will be mailed to the prose Plaintiff and that mailing will be noted on the public docket. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/3/2019) Copies Mailed By Chambers. (kv)
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Filing
194
OPINION & ORDER: For the reasons given above, the Court hereby GRANTS Defendant's motion for summary judgment. This resolves docket item number 67. The Clerk of Court is directed to enter judgment and close the case. The Court cert ifies 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). A copy of this Opinion and Order will be mailed to the pro se Plaintiff and that mailing will be noted on the public docket. (Signed by Judge Alison J. Nathan on 9/24/2019) (mro) Transmission to Orders and Judgments Clerk for processing.
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Filing
90
MEMORANDUM AND ORDER. For the reasons provided above, the motion to dismiss is granted, and the claims against Defendants Fields and Miccolli are dismissed. The motion to dismiss does not make any arguments as to Defendant Daniels, and thus Hernandez 's claim against this defendant may proceed. By separate order, the Court will refer this case to the magistrate judge for general pretrial supervision. This resolves Docket Number 67. SO ORDERED. Granting 67 Motion to Dismiss. Party Donna Fields (SHTA Supervisor for Kirby Forensic Psychiatric Center) and Vincent Miccolli (Executive Director for Kirby Forensic Psychiatric Center) terminated. (Signed by Judge Alison J. Nathan on 9/14/2016) (rjm)
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Filing
61
OPINION AND ORDER. Accordingly, plaintiff's application for the appointment of counsel is denied without prejudice to renewal. Any renewed application for counsel should address the factors identified above. (As further set forth in this order) (Signed by Magistrate Judge Henry B. Pitman on 11/18/2015) Copies Mailed By Chambers. (lmb)
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