Harris v. Mitchell et al
| Jr Cosmin F Harris and Harris F Cosmin Jr. |
| Doe Turner, John Doe 3, Jane Doe 2, John Doe 2, Doe Mitchell, John Doe 5, Doe Mathews, John Doe 4, Damien and Odyssey House |
| 1:2018cv11549 |
| December 10, 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
RSS Track this Docket
This docket was last retrieved on January 8, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Mailed a copy of #5 Order 30 Days Other (case opening), to Harris F Cosmin Jr. ID No. 08278687P B & C No. 3491806985 Eric M. Taylor Center East Elmhurst, NY 11370. (vba) |
Filing 5
ORDER: Under Rule 41(b) of the Federal Rules of Civil Procedure, a district court may dismiss an action sua sponte for failure to prosecute after notifying the plaintiff. LeSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001); see Fields v. Beem, No. 13-CV-0005 (GTS/DEP), 2013 WL 3872834, at *2 (N.D.N.Y. July 24, 2013) ("A plaintiff is required to notify the Court when his address changes, and failure to do so is sufficient to justify dismissal of a plaintiff's complaint.") (collecting cases). Accordingly, the Court directs Plaintiff to update his address of record within 30 days of the date of this order. Should Plaintiff fail to comply with this order, the Court will dismiss the action without prejudice for failure to prosecute. 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 IFP 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 Colleen McMahon on 1/7/2019) (mro) Transmission to Docket Assistant Clerk for processing.
|
| NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (mro) |
| Received returned mail re: #4 Order Granting IFP Application in Prisoner Case,. Mail was addressed to Harris F Cosmin Jr. ID No. 08278687P B & C No. 3491806985 Eric M. Taylor Center East Elmhurst, NY 11370 and was returned for the following reason(s): Return to Sender Unclaimed Unable to Forward. (vba) |
| Pro Se Payment of Fee Processed:$2.35 Check processed by the Finance Department on 1/3/2019, Receipt Number 465401225865. (jvs) |
| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Cosmin F Harris ID No. 08278687P B & C No. 3491806985 Eric M. Taylor Center 10-10 Hazen Street East Elmhurst, NY 11370; The Superintendent Eric M. Taylor Center 10-10 Hazen Street East Elmhurst, NY 11370. (vba) |
|
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 12/12/2018) (sac) Transmission to Docket Assistant Clerk for processing.
|
| Filing 3 PRISONER AUTHORIZATION. Document filed by Cosmin F Harris. (ks) |
| Filing 2 COMPLAINT against Jane Doe 2, John Doe 2, John Doe 3, John Doe 4, John Doe 5, Doe Mathews, Doe Mitchell, Doe Turner. Document filed by Cosmin F Harris. (ks) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Cosmin F Harris.(ks) |
| Case Designated ECF. (ks) |
Access additional case information on PACER
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.
