Leckie v. Williams et al
| Naquan M. Leckie |
| Lawyer Eric Williams and Lawyer Phillip B. Stone |
| 1:2018cv10832 |
| November 19, 2018 |
| US District Court for the Southern District of New York |
| Louis L Stanton |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 8 PRO SE MEMORANDUM re: CHANGE OF ADDRESS for Naquan M. Leckie, New Address: Downstate C.F., Red Schoolhouse Rd., Box 445, Fishkill, New York, 12524-0445. (sc) |
Filing 7
CIVIL JUDGMENT: Pursuant to the order issued December 17, 2018, dismissing the complaint, IT IS ORDERED, ADJUDGED, AND DECREED that the complaint is dismissed without prejudice under the Prison Litigation Reform Act's "three-strikes" rule. See 28 U.S.C. 1915(g). Plaintiff continues to be barred from filing any civil action under the in forma pauperis (IFP) statute while a prisoner unless Plaintiff is under imminent danger of serious physical injury. See 28 U.S.C. 1915(g). 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 12/17/2018) (Attachments: #1 Pro Se Appeal Package)(mro) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #6 Order Directing Payment of Fee or IFP Application, #7 Judgment - Sua Sponte (Complaint), to Naquan M. Leckie ID No. 02587424Q B&C No. 3491707087 Manhattan Detention Complex 125 White St. New York, NY 10013 with Pro Se Appeal Package attached. (aea) Modified on 12/18/2018 (aea). |
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Filing 6
BAR ORDER UNDER 28 U.S.C. 1915(g): While Plaintiff was a prisoner, he filed three or more cases that are deemed strikes because they were dismissed as frivolous, malicious, or for failure to state a claim. Because Plaintiff has not shown cause why the bar order should not be imposed, Plaintiff is barred from filing future actions IFP in this Court while a prisoner unless he is under imminent threat of serious physical injury. Plaintiff is warned that the submission of frivolous documents may result in the imposition of additional sanctions, including monetary penalties. See 28 U.S.C. 1651. The Court denies Plaintiff's request to proceed IFP, and the complaint is dismissed without prejudice under the PLRA's "three-strikes" rule, subject to reopening if Plaintiff pays the relevant filing fees of $400.00 within thirty days of the date of this order. See 28 U.S.C. 1915(g). Plaintiff may commence a new action by paying the filing fee. If Plaintiff does so, that complaint will reviewed under 28 U.S.C. 1915A, which requires the Court to dismiss any civil rights complaint from a prisoner if it "(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief." 28 U.S.C. 1915A(b). 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). Filing Fee due by 1/16/2019. (Signed by Judge Louis L. Stanton on 12/17/2018) (mro) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing.
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| Filing 5 DECLARATION of N. Leckie; re: in response to #4 Order 30 Days Other (case opening). Document filed by Naquan M. Leckie. (sc) |
| Mailed a copy of #4 Order 30 Days Other (case opening), to Naquan M. Leckie ID No. 02587424Q B&C No. 3491707087 Manhattan Detention Complex 125 White St. New York, NY 10013 (aea) |
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Filing 4
ORDER TO SHOW CAUSE UNDER 28 U.S.C. 1915(g): The Clerk of Court is directed to assign this case to my docket, mail a copy of this order to Plaintiff, and note service on the docket. The Court directs Plaintiff to show cause why the Court should not deny his IFP application under the PLRAs three strikes provision, 28 U.S.C. 1915(g). Plaintiff must file a declaration within thirty days explaining any reason why he should not be barred under the PLRA. A declaration form is attached to this order for Plaintiff's convenience. If Plaintiff does not show cause, or if he fails to respond to this order, the Court will deny Plaintiff's IFP application, dismiss this action without prejudice, and bar Plaintiff under 1915(g) from filing future actions IFP while he is a prisoner. 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 11/26/2018) (mro) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Unassigned is no longer assigned to the case. (mro) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Naquan M. Leckie. (ks) |
| Filing 2 COMPLAINT against Phillip B. Stone, Eric Williams. Document filed by Naquan M. Leckie. (ks) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Naquan M. Leckie. (ks) |
| Case Designated ECF. (ks) |
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