Hayes v. DuBois et al
| Ralphie Hayes |
| Carl DuBois, Penny, L. Moreno, Zepplin, K. Kiszka, Kenneth Decker and Cardwell |
| 1:2017cv06145 |
| August 11, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Vincent L. Briccetti |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
34
CLERK'S JUDGMENT re: 33 Order. in favor of Cardwell, Penny, Zepplin, Carl DuBois, K. Kiszka, Kenneth Decker, L. Moreno against Ralphie Hayes. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Orde r dated December 11, 2019, on June 22, 2018, the Court granted defendants' motion to dismiss and ordered plaintiff, pro se, to file an amended complaint by July 23, 2018; the Court also reminded plaintiff of his obligation to continue to update the Court in writing if his address changed; to date, plaintiff has not updated the Court with his address, and he has failed to file an amended complaint, or seek an extension of time to do so; judgment is entered in defendants' favor; the Cour t certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Court's Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 12/13/2019) (Attachments: # 1 Notice of Right to Appeal)(dt) Transmission to Docket Assistant Clerk for processing.
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Filing
33
ORDER: To date, plaintiff has not updated the Court with his address, and he has failed to file an amended complaint, or seek an extension of time to do so. As the Court has already dismissed all of plaintiff's claims, the Court will direct the Clerk to enter judgment in defendants' favor. 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 purposes of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk is directed to enter judgment in defendants' favor and close this case. The Clerk shall also mail a copy of this Order to plaintiff at the address on the docket. (Signed by Judge Vincent L. Briccetti on 12/11/2019) (mml) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
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Filing
30
OPINION AND ORDER re: 17 MOTION to Dismiss filed by Penny, Carl DuBois, L. Moreno, Cardwell, Kenneth Decker, Zepplin, K. Kiszka. For the reasons stated above, defendants' motion to dismiss is GRANTED. Plaintiff is gran ted leave to file an amended complaint with the limitations described herein. Plaintiff shall use the Amended Complaint form attached hereto. Plaintiff shall file his amended complaint no later than July 23, 2018. If plaintiff fails to comply with th is Order, the case may be dismissed for failure to prosecute or failure to comply with a court order. Fed. R. Civ. P. 41(b). Plaintiff submitted a change of address dated April 18, 2018, stating that he was currently housed at Downstate Correctional Facility. However, according to the New York State Department of Corrections and Community Supervision website, plaintiff is currently housed at Fishkill Correctional Facility. Accordingly, Chambers will mail a copy of the Opinion and Order to plaint iff at both facilities, as set forth below: Ralphie Hayes, DIN 18A1509, Downstate Correctional Facility, P.O. Box F, 121 Red Schoolhouse Road, Fishkill, NY 12524, Ralphie Hayes, DIN 18A1509, Fishkill Correctional Facility, P.O. Box 1245, 271 Matteawa n Road, Beacon, NY 12508. The Court reminds plaintiff of his obligation to notify the Court in writing if his address changes. The Court may dismiss the case if plaintiff fails to do so. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) tha t 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 Coppedege v. United States, 369 U.S. 438, 444-45 (1962). The Clerk is instructed to terminate the motion. (Doc. # 17). (Amended Pleadings due by 7/23/2018.) (Signed by Judge Vincent L. Briccetti on 6/22/2018) Copies Mailed By Chambers. (mml)
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