Pizarro v. N.Y.C. Health and Hospital et al
| Jose Pizarro |
| Captain Valejo, John DOe Pysian, N.Y.C. Health and Hospital, Commissioner Joseph Ponte, Warden Monica Windley, Captain Fields and Jane Doe Head Nurse |
| 1:2017cv07535 |
| October 2, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 10 MANDATE of USCA (Certified Copy) as to #8 Notice of Appeal filed by Jose Pizarro. USCA Case Number 18-714. Appellant, pro se, moves for leave to proceed in forma pauperis. Upon due consideration, it is hereby ORDERED that the motion is DENIED and the appeal is DISMISSED because it "lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989); see also 28 U.S.C. 1915(e). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/04/2018. (nd) |
| Filing 9 LETTER from Jose Pizarro dated 5/3/18 re: Plaintiff informs the Court of his new address at V.C.B.C., 1 Halleck Street, Bronx, New York 10474. Document filed by Jose Pizarro, Jose Pizarro. (Attachments: #1 envelope)(sc) |
| Filing 8 NOTICE OF APPEAL from #6 Order of Dismissal. Document filed by Jose Pizarro. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
| Appeal Fee Due: for #8 Notice of Appeal. Appeal fee due by 3/27/2018. (tp) |
| Appeal Remark as to #8 Notice of Appeal filed by Jose Pizarro. IFP DENIED 02/15/2018. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #8 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #8 Notice of Appeal filed by Jose Pizarro were transmitted to the U.S. Court of Appeals. (tp) |
| Mailed a copy of #6 Order of Dismissal #7 Judgment - Sua Sponte (Complaint) to Jose Pizarro, NYSID: 05785027N, B&C No. 8951601897, Rikers Island - A.M.K.C., 18-18 Hazen Street, East Elmhurst, NY 11370 with right to appeal forms attached. (mhe) |
| Transmission to Docket Assistant Clerk. Transmitted re: #6 Order of Dismissal Under 28 U.S.C. 1915(g), #7 Civil Judgment to the Docket Assistant Clerk for case processing. (ras) |
Filing 7
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED that the complaint is dismissed without prejudice under the Prison Litigation Reform Act's "three-strikes" rule. See 28 U.S.C. 1915(g). Plaintiff continues to be barred from filing any civil action under the in forma pauperis (IFP) statute while a prisoner unless Plaintiff is under imminent danger of serious physical injury. See 28 U.S.C. 1915(g). The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Plaintiff and note service on the docket. (Signed by Judge Colleen McMahon on 2/15/2018) (ras) (Additional attachment(s) added on 2/20/2018: #1 Appeal Package) (ras).
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Filing 6
ORDER OF DISMISSAL UNDER 28 U.S.C. 1915(g): The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. The Court denies Plaintiff's request to proceed IFP, and the complaint is dismissed without prejudice under the PLRA's "three-strikes" rule. See 28 U.S.C. 1915(g). Plaintiff remains barred from filing any future action IFP while in custody, unless he is under imminent threat of serious physical injury. Id. 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 IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Colleen McMahon on 2/15/2018) (ras) Modified on 2/15/2018 (ras).
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (ras) |
| Filing 5 LETTER addressed to Judge Loretta A. Preska from Jose Pizarro, dated 11/12/17 re: PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO DISMISS. Document filed by Jose Pizarro, Jose Pizarro.(sc) |
| Filing 4 LETTER addressed to Judge Loretta A. Preska from Jose Pizarro dated 9/22/17 re: Plaintiff requests that the Court provide him with the status of case and the corresponding case number. Document filed by Jose Pizarro.(sc) |
| Request for Copy of the updated Docket Sheet Received: Re #4 Letter. Request for Docket Report, from Jose Pizarro received on 10/4/17. Transmission to Pro Se Assistants for processing. (sc) |
| Form Request Mailed: Request for Docket Sheet from Jose Pizarro mailed on 10/4/2017. (sbr) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Jose Pizarro.(rdz) |
| Filing 2 COMPLAINT against Fields, Jane Doe Head Nurse, John DOe Pysian, N.Y.C. Health and Hospital, Joseph Ponte, Valejo, Monica Windley. Document filed by Jose Pizarro.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jose Pizarro.(rdz) |
| Case Designated ECF. (rdz) |
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