Funes v. The City of New York et al
| Frederick Funes |
| The City of New York and The Department of Corrections |
| 1:2018cv09040 |
| October 2, 2018 |
| US District Court for the Southern District of New York |
| 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 November 9, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Mailed a copy of #5 Order 30 Days Other (case opening), Add and Terminate Parties, to Frederick Funes NYSID: 02062968J B&C No. 7001600067 Anna M. Kross Correctional Facility 18-18 Hazen Street East Elmhurst, NY 11370. (aea) |
Filing 5
ORDER OF DISMISSAL. 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, filed in forma pauperis under 28 U.S.C. 1915(a)(1), is dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(ii), with 30 days' leave to replead. Plaintiff's claims against the Department of Correction are dismissed for failure to state a claim. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. The Department of Corrections terminated. (Signed by Judge Louis L. Stanton on 11/8/2018) (rjm) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Unassigned is no longer assigned to the case. (rjm) |
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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 10/29/2018) (sac) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Frederick Funes NYSID: 02062968J B&C No. 7001600067 Anna M. Kross Correctional Facility 18-18 Hazen Street East Elmhurst, NY 11370. (aea) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Frederick Funes.(rdz) |
| Filing 2 COMPLAINT against The City of New York, The Department of Corrections. Document filed by Frederick Funes.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Frederick Funes.(rdz) |
| Case Designated ECF. (rdz) |
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