Batista v. City of New York et al
| Eugene G. Batista |
| Dept. of Corrections, City of New York and Captain I. Mitchell |
| 1:2018cv06848 |
| July 30, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Louis L Stanton |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 21, 2018. A more recent docket listing may be available from PACER.
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Filing 9
CIVIL JUDGMENT: Pursuant to the order issued September 21, 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 Louis L. Stanton on 9/21/2018) (Attachments: #1 Pro Se Appeal Package)(mro) Transmission to Docket Assistant Clerk for processing.
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Filing 8
ORDER OF DISMISSAL: The Clerk of Court is directed to mail a copy of this order to Plaintiff, and note service on the docket. Plaintiff's amended complaint, filed in forma pauperis under 28 U.S.C. 1915(a)(1), is dismissed for failure to state a claim on which relief may be granted. 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 Louis L. Stanton on 9/21/2018) (mro) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #9 Judgment - Sua Sponte (Complaint), #8 Order of Dismissal, to Eugene G. Batista NYSID: 05188370L B&C No. 3491802073 Robert N. Davoren Center 11-11 Hazen Street East Elmhurst, NY 11370. (aea) |
| Filing 7 AMENDED COMPLAINT against City of New York, I. Mitchell; re: amending #2 Complaint with JURY DEMAND.Document filed by Eugene G. Batista. Related document: #2 Complaint.(sc) |
| Filing 6 LETTER from E. Batista, dated 8/25/18 re: (ORDER TO AMEND) - Plaintiff notifies the Court that, on the Order to Amend, the defendant's name is totally wrong; and that the correct name of the defendant(incorrectly spelled I. Miller) is Captain I. Mitchell. Document filed by Eugene G. Batista.(sc) |
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Filing 5
ORDER TO AMEND. 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 leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 18-CV-6848 (CM). An Amended Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed and cannot show good cause to excuse such failure, the complaint will be dismissed for failure to state a claim upon which relief may be granted. 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. (Signed by Judge Louis L. Stanton on 8/8/2018) (rjm)
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| Transmission to Docket Assistant Clerk. Transmitted re: #5 Order 60 Days Amended Complaint (case opening) to the Docket Assistant Clerk for case processing. (rjm) |
| Mailed a copy of #5 Order 60 Days Amended Complaint (case opening), to Eugene G. Batista NYSID: 05188370L B&C No. 3491802073 Robert N. Davoren Center 11-11 Hazen Street East Elmhurst, NY 11370. (aea) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Unassigned is no longer assigned to the case. (rjm) |
| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Eugene G. Batista NYSID: 05188370L B&C No. 3491802073 Robert N. Davoren Center 11-11 Hazen Street East Elmhurst, NY 11370. (vba) |
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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. (Signed by Judge Colleen McMahon on 8/1/2018) (rdz)
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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. (rdz) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Eugene G. Batista.(sac) |
| Filing 2 COMPLAINT against City of New York, Dept. of Corrections, I. Mitchell. Document filed by Eugene G. Batista.(sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Eugene G. Batista.(sac) |
| Case Designated ECF. (sac) |
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