Carter v. Sapp et al
| David Carter |
| Captain Sapp, C.O. Hall and John Doe Correction Officer |
| 1:2019cv00372 |
| January 11, 2019 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on February 19, 2019. A more recent docket listing may be available from PACER.
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Filing 4
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 2/19/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 3
ORDER OF DISMISSAL: By order dated January 14, 2019, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis ("IFP application") and prisoner authorization1 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 2/19/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #4 Judgment - Sua Sponte (Complaint), #3 Order of Dismissal, with Notice of Right to Appeal to David Carter NYSID: 04613486L B&C No: 8951700969 Otis Bantum Correctional Center 16-00 Hazen Street East Elmhurst, NY 11370. (aea) |
| Mailed a copy of #2 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to David Carter 8951700969 G.R.V.C.-Rikers Island 09-09 Hazen Street East Elmhurst, NY 11370. (aea) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb) |
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Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an 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 2/13/2019. In Forma Pauperis (IFP) Application due by 2/13/2019. Prisoner Authorization Form due by 2/13/2019. (Signed by Judge Colleen McMahon on 1/14/2019) (Attachments: #1 IFP application, #2 Prisoner Authorization)(keb) Transmission to Docket Assistant Clerk for processing.
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| Filing 1 COMPLAINT against Hall, John Doe Correction Officer, Sapp. Document filed by David Carter.(rdz) |
| Case Designated ECF. (rdz) |
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