Sanchez v. Mitchell et al
| Christopher Sanchez |
| Captain Liburd, Captain Davis and Mitchell |
| 1:2018cv11110 |
| November 28, 2018 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 9, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Mailed a copy of #4 Order of Dismissal, #5 Judgment - Sua Sponte (Complaint), to Christopher Sanchez NYSID: 09612428M B&C No: 7001700088 North Infirmary Command 15-00 Hazen Street East Elmhurst, NY 11370 with Right to Appeal Forms. (aea) |
Filing 5
CIVIL JUDGMENT. IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice to the pending action under docket number 18-CV-10276 (JGK). 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. SO ORDERED. (Signed by Judge Colleen McMahon on 1/8/2019) (rjm) Transmission to Docket Assistant Clerk for processing.
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Filing 4
ORDER OF DISMISSAL. The Court grants Plaintiff's request to proceed in forma pauperis for the limited purposes of this order. For the following reasons, the complaint is dismissed. Plaintiff has previously submitted to this Court a substantially similar complaint against Defendants alleging the same allegations. That case is pending before the Honorable John G. Koeltl of this Court under docket number 18-CV-10276 (JGK). 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-10276 (JGK). 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 is granted in forma pauperis status under 28 U.S.C. 1915(a)(1) for the limited purpose of dismissing this complaint without prejudice. Plaintiff's complaint is dismissed as duplicative. 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. (Signed by Judge Colleen McMahon on 1/8/2019) (rjm) Transmission to Docket Assistant Clerk for processing.
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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 3 PRISONER AUTHORIZATION. Document filed by Christopher Sanchez.(sac) |
| Filing 2 COMPLAINT against Davis, Liburd, Mitchell. Document filed by Christopher Sanchez. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Christopher Sanchez.(sac) |
| Case Designated ECF. (sac) |
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