White v. The State of New York et al
| Johnny White and Johnny White, Jr. |
| C.O. John Doe, D.O.C., Lt. A. Pontante, C.O. E. Torres, C.O. Lawton Brown, Jr., T. Cunningham, The State of New York and Sgt. M. Panzarella |
| 1:2019cv00543 |
| January 14, 2019 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| USCA Case Number 19-612 from the U.S.C.A. - 2nd Circ. assigned to #6 Notice of Appeal. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #6 Notice of Appeal were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #6 Notice of Appeal. (tp) |
| Filing 7 LETTER from Johnny White Jr., dated 3/4/19 re: Plaintiff informs the Court that the Prison mail system can confirm that he sent out the Complaint form on 2/19/19, before the 30-day limit; and he requests that the Court inform him as to whether he has to appeal to the Second Circuit Court of Appeals with the paperwork that the SDNY sent to him. Document filed by Johnny White, Jr.(sc) |
| Filing 6 NOTICE OF APPEAL from #5 Judgment - Sua Sponte (Complaint), #4 Order of Dismissal. Document filed by Johnny White. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
| Appeal Fee Due: for #6 Notice of Appeal. Appeal fee due by 3/25/2019. (tp) |
| Appeal Remark as to #6 Notice of Appeal. IFP DENIED 02/22/2019. (tp) |
| Mailed a copy of #4 Order of Dismissal, #5 Judgment - Sua Sponte (Complaint), Notice of Appeal Forms, to Johnny White 18-A-0379 Attica Correctional Facility P.O. Box 149 Attica, NY 14011-0149. (vba) |
Filing 5
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the action is dismissed without prejudice. 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 2/22/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 4
ORDER OF DISMISSAL: Plaintiff, currently incarcerated in Attica Correctional Facility, submitted a request to proceed in forma pauperis (IFP application) and a prisoner authorization form. But Plaintiff failed to submit a complaint, which is required to commence a civil action in this Court. See Fed. R. Civ. P. 3. By order dated January 22, 2019, the Court directed Plaintiff to file a complaint within thirty days. That order specified that failure to comply would result in dismissal of the action. Plaintiff has not filed a complaint. Accordingly, the Court dismisses this action without prejudice. 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 2/22/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #3 Order 30 Days Other (case opening), to Johnny White 18-A-0379 Attica Correctional Facility P.O. Box 149 Attica, NY 14011-0149. (vba) |
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Filing 3
ORDER DIRECTING COMPLAINT: It appears that Plaintiff, who is currently incarcerated at Attica Correctional Facility, purports to bring an action pro se. Plaintiff submitted a request to proceed in forma pauperis (IFP application) and a prisoner authorization form. But Plaintiff failed to submit a complaint, which is required to commence a civil action in this Court. See Fed. R. Civ. P. 3. Plaintiff is therefore directed, if he wishes to proceed with a civil action in this Court, to submit a complaint with an original signature to the Court within thirty days of the date of this order. 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. No summons shall issue at this time. If Plaintiff complies with this order, the case shall be processed in accordance with the procedures of the Clerks Office. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed. 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, 44445 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). (Signed by Judge Colleen McMahon on 1/18/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (sac) |
| Filing 2 PRISONER AUTHORIZATION. Document filed by Johnny White, Jr..(rdz) Modified on 3/12/2019 (rdz). |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Johnny White, Jr..(rdz) Modified on 3/12/2019 (rdz). |
| Case Designated ECF. (rdz) |
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