Lainez v. New York State Department of Corrections et al
| Roger Lainez |
| State of New York, #2 Jane Doe, #1 John Doe, #1 Jane Doe, Andrew M. Cuomo and New York State Department of Corrections |
| 7:2018cv06754 |
| July 27, 2018 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Received Return Receipt of Mail Order by Certified Mail, as to NYC Law Dept. Corp. Counsel for the City of NY 100 Church Street New York NY 10007, which was served by Certified Mail # 7017 2680 0000 1025 5424. (vba) |
| Mailed a copy of #8 Valentin Order, Add and Terminate Parties, Terminate Motions, by regular first class mail to Attorney General of the State of New York at 28 Liberty Street, New York, New York 10005; and to the NYC Law Department Corp. Counsel for the City of NY, 100 Church Street New York, NY 10007 by Certified Mail # 7017 2680 0000 1025 5424 with Return Receipt Requested. (aea) Modified on 8/31/2018 (aea). |
Filing 8
VALENTIN ORDER: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Court dismisses Plaintiff's claims against "New York State, Department of Corrections," the State of New York, and his official-capacity claims against the individual defendants as frivolous and for seeking monetary relief from defendants that are immune from such relief. 28 U.S.C. 1915(e)(2)(B)(i), (iii). The Court also dismisses Plaintiff's remaining individual-capacity claims against Governor Andrew M. Cuomo without prejudice. The Court further dismisses Plaintiff's claims against the Woodbourne Correctional Facility for failure to state a claim on which relief may be granted. 1915(e)(2)(B)(ii). The Court denies Plaintiff's motion for the appointment of counsel without prejudice. (ECF No. 3.) The Clerk of Court is additionally directed to mail a copy of this order and the complaint to the Attorney General of the State of New York at 28 Liberty Street, New York, New York 10005. An amended complaint form is attached to this order. 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). SO ORDERED. State of New York, Andrew M. Cuomo and New York State Department of Corrections terminated. (Signed by Judge Vincent L. Briccetti on 8/29/2018) (mml) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (wb) |
| Magistrate Judge Lisa M. Smith is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (wb) |
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Filing 6
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Colleen McMahon on 8/27/2018) (sac) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #6 Order Granting IFP Application to Roger Lainez A036412099 aka Roger Alberto Lainez Maradiaga BUFFALO FEDERAL DETENTION FACILITY 4250 Federal Drive Batavia, NY 14020. (aea) |
| Filing 5 CASE TRANSFERRED IN from the United States District Court - District of New York Western; Case Number: 6:18-cv-06379. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Filing 4 DECISION AND ORDER that venue of this action is not proper in this District, and that it is in the interest of justice that this action be transferred to the Southern District of New York pursuant to 28 U.S.C. 1406(a). Signed by Hon. Frank P. Geraci, Jr. on 7/3/2018. (Copy mailed to plaintiff on 7/10/2018.) (LB) [Transferred from New York Western on 7/27/2018.] |
| Filing 3 MOTION to Appoint Counsel by Roger Lainez. (BK) [Transferred from New York Western on 7/27/2018.] Modified on 7/27/2018 (sjo). |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Roger Lainez. (BK) [Transferred from New York Western on 7/27/2018.] Modified on 7/27/2018 (sjo). |
| Filing 1 COMPLAINT against All Defendants, filed by Roger Lainez. (Attachments: #1 Envelope) (BK) [Transferred from New York Western on 7/27/2018.] |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. The Pro Se Packet including: the Privacy Notice, Consent to Proceed before a Magistrate Judge and the Civil Case Timeline have been mailed to the Plaintiff. (BK) [Transferred from New York Western on 7/27/2018.] |
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