Williams v. City of New York et al
| Sidney Williams |
| City of New York and Detective Donald Derienzo |
| 1:2018cv06535 |
| July 19, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Ulster |
| Colleen McMahon |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 3, 2018. A more recent docket listing may be available from PACER.
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| Filing 7 LETTER from Senior Mail & Supply Clerk, Ulster Correctional Facility dated 7/31/18 re: The Court is informed that the legal mail for the inmate, Sidney Williams, is being held while he is absent from the facility and will be held until his return. (sc) |
| Mailed a copy of #6 Judgment - Sua Sponte (Complaint), #5 Order of Dismissal to Sidney Williams, 18-R-1620, Ulster Correctional Facility, P.O. Box 800, Napanoch, NY 12458 with Right to Appeal forms attached. |
Filing 6
CIVIL JUDGMENT: Pursuant to the order issued July 25, 2018, dismissing the complaint, IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice to the pending action under docket number 18-CV-4980. The Court certifies, pursuant to 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 7/25/2018) (Attachments: #1 Pro Se Appeal Package)(mro)
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Filing 5
ORDER OF DISMISSAL: Plaintiff, currently incarcerated at Rikers Island, brings this pro se action under 42 U.S.C. 1983, alleging due process violations in connection with his pending state criminal proceedings. For the following reasons, the complaint is dismissed without prejudice. Plaintiff has previously submitted to this Court a substantially similar complaint against the same Defendants. That case is pending under docket number 18-CV-4980 (S.D.N.Y. filed June 5, 2018). Because this complaint raises the same claims against the same Defendants, no useful purpose would be served by the filing and litigation of this duplicate lawsuit. Therefore, this complaint is dismissed without prejudice to Plaintiff's pending case under docket number 18-CV-4980. Should Plaintiff wish to add new defendants, allegations, or claims, he may move to amend the complaint in the pending case in compliance with Rule 15 of the Federal Rules of Civil Procedure. The Clerk of Court shall not charge Plaintiff the $350.00 filing fee for this action, and the Warden or Superintendent having custody of Plaintiff shall not deduct or encumber funds from Plaintiff's prison trust account for this lawsuit. 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 is granted in forma pauperis status under 28 U.S.C. 1915(a)(1) for the limited purpose of dismissing this complaint without prejudice. Plaintiff's complaint is dismissed as duplicative. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Colleen McMahon on 7/25/2018) (mro)
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| NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (mro) |
| Mailed a copy of #6 Judgment - Sua Sponte (Complaint), to Sidney Williams, 18-R-1620 Ulster Correctional Facility P.O. Box 800 Napanoch, NY 12458; ATTN: Superintendent Ulster Correctional Facility P.O. Box 800 Napanoch NY 12458. (vba) |
| Transmission to Docket Assistant Clerk. Transmitted re: #6 Judgment - Sua Sponte (Complaint),, #5 Order of Dismissal, to the Docket Assistant Clerk for case processing. (mro) |
| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Sidney Williams, No. 18-R-1620, Ulster Correctional Facility, P.O. Box 800 Napanoch, NY 12458; The Superintendent Ulster Correctional Facility, P.O. Box 800 Napanoch, NY 12458. (vba) |
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Filing 4
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: Plaintiff's application for leave to proceed without prepayment of fees is granted. A prisoner bringing a civil action is required to pay the full $350 filing fee even when proceeding in forma pauperis (IFP), that is, without prepayment of fees.... The Court must collect, when funds exist in a prisoner's account, an initial partial filing fee plus monthly payments. 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. (Signed by Judge Colleen McMahon on 7/20/2018) (sac)
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| Transmission to Docket Assistant Clerk. Transmitted re: #4 Order Granting IFP Application in Prisoner Case, to the Docket Assistant Clerk for case processing. (sac) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Sidney Williams.(rdz) |
| Filing 2 COMPLAINT against City of New York, Donald Derienzo. Document filed by Sidney Williams.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Sidney Williams.(rdz) |
| Case Designated ECF. (rdz) |
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