Hernandez v. Oswinksi et al
| Luis A. Hernandez |
| W. Oswinksi, Robert Morton, Downstate Correctional Facility, Faizon, K. Lasik and New York State |
| 1:2018cv07365 |
| August 13, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Dutchess |
| Colleen McMahon |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
35
CLERK'S JUDGMENT re: 34 Order of Dismissal in favor of Faizon, K. Lasik against Luis A. Hernandez. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated November 25, 2019, to date, plainti ff has failed to file an amended complaint or seek an extension of time to do so. As the Court has already dismissed all of plaintiffs' claims, judgment is entered in defendants' favor. The Court certifies pursuant to 28 U.S.C. § 19 15(a)(3) that any appeal from the Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purposes of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962); accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/27/2019) (Attachments: # 1 Right to Appeal)(km) Transmission to Docket Assistant Clerk for processing.
|
|
Filing
34
ORDER OF DISMISSAL: To date, plaintiff has failed to file an amended complaint or seek an extension of time to do so. As the Court has already dismissed all of plaintiffs' claims, the Court will direct the Clerk to enter judgment in defendants&# 039; favor. 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 purposes of an appeal. Cf. Coppedge v. United States, 3 69 U.S. 438, 444-45 (1962). The Clerk is directed to enter judgment in defendants' favor and close this case. The Clerk shall also mail a copy of this Order to plaintiff at the address on the docket. (Signed by Judge Vincent L. Briccetti on 11/25/2019) (jwh) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
|
|
Filing
33
OPINION AND ORDER. The motion to dismiss is GRANTED. However, plaintiff is granted leave to file an amended complaint as to his Eighth Amendment claim against C.O. Faizon and C.O. Lassie in accordance with the instructions above. Plaintiff shall file his amended complaint by no later than November 8, 2019, and shall utilize the amended complaint form attached hereto. If plaintiff fails to file an amended complaint or seek additional time to do so by November 8, 2019, the Court will direct the Cl erk to enter judgment in defendants' favor and close the case. The Clerk is instructed to (i) terminate defendant W. Oswinski, and (ii) terminate the pending motion. (Doc. # 17). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that a ny appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 448, 444-45 (1962). So ordered. re: 17 MOTION to Dismiss Pursuant to FRCP 12b6 filed by K. Lasik, Faizon, W. Oswinksi., W. Oswinksi terminated. (Amended Pleadings due by 11/8/2019.) (Signed by Judge Vincent L. Briccetti on 9/9/2019) Copies Mailed By Chambers, as per Chambers. (rjm)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
