Massey v. Trocchia et al
| Tyrone Massey |
| Captain Pichardo, Captain Liburd, Correction Officer Parker, Correction Officer Trocchia, Captain Desir and Mitchell |
| 1:2018cv07276 |
| August 10, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| NewYork |
| Colleen McMahon |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on August 17, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Mailed a copy of #4 Order of Dismissal, to The Superintendent Manhattan Detention Complex 125 White Street New York, NY 10013. (vba) |
| Mailed a copy of #4 Order of Dismissal #5 Judgment - Sua Sponte (Complaint),, to Tyrone Massey NYSID: 01083103M B&C No. 8881400249 Manhattan Detention Complex 125 White Street New York, NY 10013. (aea) |
Filing 5
CIVIL JUDGMENT: Pursuant to the order issued August 14, 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-7113 (UA). 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 8/14/2018) (Attachments: #1 Pro Se Appeal Package)(mro) Transmission to Docket Assistant Clerk for processing.
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Filing 4
ORDER OF DISMISSAL: Plaintiff, appearing pro se, brings this action under 42 U.S.C. 1983, alleging that Defendants violated his constitutional rights. The Court dismisses the complaint for the following reasons. Plaintiff has previously submitted to this Court an identical complaint asserting the same claims. That case is presently pending in this Court under docket number 18-CV-7113 (UA). Because this complaint raises the same claims, 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-7113 (UA). In light of the Court's belief that Plaintiff may have submitted this duplicate complaint in error, 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's complaint is dismissed as duplicative. 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 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 8/14/2018) (mro) Transmission to Docket Assistant Clerk for processing. Transmission to Finance Unit (Cashiers) for processing.
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| NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (mro) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Tyrone Massey.(sac) |
| Filing 2 COMPLAINT against Desir, Liburd, Mitchell, Parker, Pichardo, Trocchia. Document filed by Tyrone Massey.(sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Tyrone Massey.(sac) |
| Case Designated ECF. (sac) |
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