Elleby v. The City Of New York , et al
| Taye Lamonte Elleby |
| Doctor Jane and John Does, New York Prison Health Services, Jane and John Does, The City Of New York,, Corizon Health Services, Correctional Health Services, Nurse Jane and John Does and Nurses Jane and John Does |
| 1:2018cv10502 |
| November 8, 2018 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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| Document Text |
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| Mailed a copy of #2 Order, to Taye Lamonte Elleby ID No. 14A1409 Greene Correctional Facility 165 Plank Road P.O. Box 8 Coxsackie, NY 12051-0975. (aea) |
Filing 2
ORDER. A thorough review of the Court's records, however, reveals that on November 6, 2017, Plaintiff filed a complaint in the United States District Court for the Northern District of New York, see Elleby v. Doe, No. 9:17-CV-1216 (N.D.N.Y. Feb. 13, 2018), and by order dated February 13, 2018, the Northern District of New York severed Plaintiff's claims against the Rikers Island Defendants and transferred those claims to this Court. See Elleby v. Doe, No. 18-CV-1577 (AT) (SDA) (filed Feb. 21, 2018). After reviewing this recent submission, the Court concludes that Plaintiff intended to file this amended pleading in Elleby v. Doe, No. 18-CV-1577 (AT) (SDA). The Clerk of Court is therefore directed to docket the complaint in this action (ECF No. 1) as an amended complaint in Elleby v. Doe, No. 18-CV-1577 (AT) (SDA). The Clerk of Court is further directed to administratively close this action, No. 18-CV-10502. 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. 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 appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Colleen McMahon on 11/14/2018) (rjm) Transmission to Docket Assistant Clerk for processing. (Main Document 2 replaced on 11/14/2018) (rjm).
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (rjm) |
| Filing 1 COMPLAINT against Corizon Health Services, Correctional Health Services, Jane and John Does(Rikers Island, Sued Individually), Jane and John Does(Shawangunk Corr. Fac., Sued Individually), Jane and John Does(Coxasckie Corr. Fac., Sued Individually), Jane and John Does(Manhattan Det. Center, Sued Individually), Jane and John Does(Rikers Island, Sued Individually ), New York Prison Health Services, The City Of New York,. Document filed by Taye Lamonte Elleby. (ks) |
| Case Designated ECF. (ks) |
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