Simon v. City of New York Department of Corrections
| Milton Simon |
| City of New York Department of Corrections |
| 1:2018cv12063 |
| December 20, 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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| Mailed a copy of #9 Order Granting IFP Application in Prisoner Case, to Milton Simon DIN No. 17-A-5211 Great Meadow Correctional Facility 1739 State Route 22 P.O. Box 51 Comstock, NY 12821-0051; The Superintendent Great Meadow Correctional Facility 1739 State Route 22 P.O. Box 51 Comstock, NY 12821-0051. (vba) |
Filing 9
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 1/28/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #8 Order Reopening Case, to Milton Simon DIN No. 17-A-5211 Great Meadow Correctional Facility 1739 State Route 22 P.O. Box 51 Comstock, NY 12821-0051. (vba) |
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Filing 8
ORDER. The Court directs the Clerk of Court to vacate the order of dismissal and civil judgment (ECF Nos. 4-5) and reopen this action. The Clerk of Court is further directed to 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Colleen McMahon on 1/24/2019) (rjm) Transmission to Docket Assistant Clerk for processing.
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Filing 5
Vacated as per Judge's Order dated 1/24/2019, Doc. #8 CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to comply with the Court's order. 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 Colleen McMahon on 1/24/2019) (sac) Transmission to Docket Assistant Clerk for processing. Modified on 1/24/2019 (rjm).
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Filing 4
Vacated as per Judge's Order dated 1/24/2019, Doc. #8 ORDER OF DISMISSAL: By order dated December 28, 2018, the Court directed Plaintiff, within thirty days, to submit a prisoner authorization and an updated request to proceed in forma pauperis ("IFP application") and or pay the $400.00 in fees required to file a civil action in this Court. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an IFP application and prisoner authorization or paid the fee. Accordingly, the complaint is dismissed without prejudice. See 28 U.S.C. 1914, 1915. The Clerk of Court is directed to 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 1/24/2019) (sac) Transmission to Docket Assistant Clerk for processing. Modified on 1/24/2019 (rjm).
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| Mailed a copy of #5 Judgment - Sua Sponte (Complaint), #4 Order of Dismissal, Notice of Appeal Forms, to Milton Simon DIN No. 17-A-5211 Great Meadow Correctional Facility 1739 State Route 22 P.O. Box 51 Comstock, NY 12821-0051. (vba) |
| Filing 7 PRISONER AUTHORIZATION. Document filed by Milton Simon.(sc) |
| Filing 6 AMENDED APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Milton Simon.(sc) |
| Mailed a copy of #3 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to Milton Simon DIN No. 17-A-5211 Great Meadow Correctional Facility 1739 State Route 22 P.O. Box 51 Comstock, NY 12821-0051. (vba) |
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Filing 3
ORDER DIRECTING PAYMENT OF FEE OR Amended IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an Amended IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 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 1/22/2019. In Forma Pauperis (IFP) Application due by 1/22/2019. Prisoner Authorization Form due by 1/22/2019. (Signed by Judge Colleen McMahon on 12/21/2018) (Attachments: #1 amended IFP application, #2 Prisoner Authorization)(keb) 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. (jc) |
| Filing 2 COMPLAINT against City of New York Department of Corrections. Document filed by Milton Simon. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Milton Simon.(sac) |
| Case Designated ECF. (sac) |
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