Cotto v. Doe 1-5 et al

Plaintiff:	Jose Deleon Cotto
Defendant:	Warden, Correctional Officer John Doe 1-5 and Correctional Officer Jane Doe 1-5
Case Number:	1:2018cv02130
Filed:	March 9, 2018
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Franklin
Presiding Judge:	Colleen McMahon
Nature of Suit:	Prisoner: Prison Condition
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By:	Plaintiff

Docket Report

This docket was last retrieved on August 21, 2018. A more recent docket listing may be available from PACER.

Date Filed	Document Text
August 21, 2018	Filing 10 MANDATE of USCA (Certified Copy) as to #7 Notice of Appeal filed by Jose Deleon Cotto USCA Case Number 18-1256. IT IS HEREBY ORDERED that the appeal is dismissed effective July 09, 2018 unless by that date appellant either pays the fee in full, moves for in forma pauperis status in district court or, if district court has denied in forma pauperis status, moves in this Court for in forma pauperis status. If appellant has filed the motion in district court and the motion is pending, appellant must so advise this Court in writing by the same date. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 8/21/2018. (tp)
August 21, 2018	Transmission of USCA Mandate/Order to the District Judge re: #10 USCA Mandate. (tp)
June 1, 2018	Filing 9 LETTER from Jose De Leon Cotto dated 5/24/18 re: Plaintiff informs the Court of his new address as follows: Bergen County Jail, 160 South River Street, Hackensack, New Jersey 07601. Document filed by Jose Deleon Cotto.(sc)
April 27, 2018	Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #7 Notice of Appeal filed by Jose Deleon Cotto were transmitted to the U.S. Court of Appeals. (tp)
April 27, 2018	Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #7 Notice of Appeal. (tp)
April 26, 2018	Filing 7 NOTICE OF APPEAL from #5 Order of Dismissal, #6 Judgment - Sua Sponte (Complaint). Document filed by Jose Deleon Cotto. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Motion for IFP). (tp)
April 26, 2018	Appeal Remark as to #7 Notice of Appeal filed by Jose Deleon Cotto. IFP DENIED 04/17/2018. (tp)
April 26, 2018	Appeal Fee Due: for #7 Notice of Appeal. Appeal fee due by 5/10/2018. (tp)
April 24, 2018	Filing 8 LETTER from T. Mulverhill, Franklin Correctional Facility, dated 4/20/18 re: The Court is advised that Jose Deleon-Cotto is temporarily absent from Franklin Correctional Facility; and that his mail will be held at that facility until the inmate's return. (sc)
April 17, 2018	Filing 6 CIVIL JUDGMENT: Pursuant to the order issued April 17, 2018, dismissing the complaint, IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed under 28 U.S.C. 1915(e)(2)(B)(ii). 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 4/17/2018) (Attachments: #1 Pro Se Appeal Package)(mro)
April 17, 2018	Filing 5 ORDER OF DISMISSAL: 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. Plaintiff's complaint, filed in forma pauperis under 28 U.S.C. 1915(a)(1), is dismissed for failure to state a claim on which relief can be granted. See 28 U.S.C. 1915(e)(2)(B)(ii). 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 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). (Signed by Judge Colleen McMahon on 4/17/2018) (mro)
April 17, 2018	Transmission to Docket Assistant Clerk. Transmitted re: #5 Order of Dismissal,,, #6 Judgment - Sua Sponte (Complaint),,, to the Docket Assistant Clerk for case processing. (mro)
April 17, 2018	Mailed a copy of #5 Order of Dismissal #6 Judgment - Sua Sponte (Complaint) to Jose Deleon Cotto DIN No. 17-A-2578 Franklin Correctional Facility 62 Bare Hill Rd. P.O. Box 10 Malone, NY 12953 with right to appeal forms attached. (mhe)
April 17, 2018	NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (mro)
March 14, 2018	Filing 4 ORDER GRANTING IFP APPLICATION IN PRISONER CASE: The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. The Clerk of Court is also directed to send a copy of this order to Plaintiff and note service on the docket. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. SO ORDERED. (Signed by Judge Colleen McMahon on 3/14/2018) (anc)
March 14, 2018	Transmission to Docket Assistant Clerk. Transmitted re: #4 Order Granting IFP Application in Prisoner Case to the Docket Assistant Clerk for case processing. (anc)
March 14, 2018	Mailed a copy of #4 Order Granting IFP Application in Prisoner Case to Jose Deleon Cotto, DIN No. 17-A-2578, Franklin Correctional Facility, 62 Bare Hill Rd. P.O. Box 10, Malone, NY 12953; and Superintendent, Franklin Corrections Facility, 62 Bare Hill Rd, PO Box 10, Malone, NY 12953. (rro)
March 9, 2018	Filing 3 PRISONER AUTHORIZATION. Document filed by Jose Deleon Cotto.(sac)
March 9, 2018	Filing 2 COMPLAINT against Jane Doe 1-5, John Doe 1-5, Warden. Document filed by Jose Deleon Cotto.(sac)
March 9, 2018	Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jose Deleon Cotto.(sac)
March 9, 2018	Case Designated ECF. (sac)

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Defendant: Warden
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Defendant: Correctional Officer John Doe 1-5
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Defendant: Correctional Officer Jane Doe 1-5
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Plaintiff: Jose Deleon Cotto
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