Carter v. Bentry et al
| David Carter |
| Captain Bentry, Correction Officer Guzman, Correction Officer Hogan and Captain Erskin |
| 1:2019cv00850 |
| January 28, 2019 |
| 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 February 22, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Mailed a copy of #5 Order of Dismissal, #6 Judgment - Sua Sponte (Complaint), with Notice of Right to Appeal to David Carter NYSID: 04613486L B&C No: 8951700969 George R. Vierno Center 09-09 Hazen Street East Elmhurst, NY 11370. (aea) |
Filing 6
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED that the complaint is dismissed without prejudice under the Prison Litigation Reform Act's "three-strikes" rule. See 28 U.S.C. 1915(g). Plaintiff continues to be barred from filing any civil action under the in forma pauperis statute while a prisoner unless Plaintiff is under imminent danger of serious physical injury. See 28 U.S.C. 1915(g). 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 2/21/2019) (sac) Transmission to Docket Assistant Clerk for processing.
|
|
Filing 5
ORDER OF DISMISSAL UNDER 28 U.S.C. 1915(g): 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 denies Plaintiff's request to proceed IFP, and the complaint is dismissed under the PLRA's "three-strikes" rule without prejudice to Plaintiff's refiling it. See 28 U.S.C. 1915(g). Plaintiff remains barred from filing any future action IFP while in custody, unless he is under imminent threat of serious physical injury. 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 IFP 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 2/21/2019) (sac) Transmission to Docket Assistant Clerk for processing.
|
| Filing 4 PRISONER AUTHORIZATION. Document filed by David Carter.(sc) |
| Filing 3 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by David Carter.(sc) |
| Mailed a copy of #2 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to David Carter NYSID: 04613486L B&C No: 8951700969 George R. Vierno Center 09-09 Hazen Street East Elmhurst, NY 11370. (aea) |
|
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 2/28/2019. In Forma Pauperis (IFP) Application due by 2/28/2019. Prisoner Authorization Form due by 2/28/2019. (Signed by Judge Colleen McMahon on 1/29/2019) (Attachments: #1 IFP application, #2 Prisoner Authorization)(keb) Transmission to Docket Assistant Clerk for processing.
|
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (ma) |
| Filing 1 COMPLAINT against Bentry, Erskin, Guzman, Hogan. Document filed by David Carter. (sac) |
| Case Designated ECF. (sac) |
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.
