Michael Fernandez v. Aramark
| Michael Fernandez, Robert Higgins, Felipe Cotto, Edward Feliciano and Dennis White |
| Aramark |
| 1:2019cv01880 |
| February 25, 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
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This docket was last retrieved on June 4, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Mailed a copy of #5 Order Granting IFP Application in Prisoner Case, to Michael Fernandez ID No: 250271 Westchester County Jail P.O. Box 10 Valhalla, NY 10595 ; and to the Superintendent of Westchester County Jail P.O. Box 10 Valhalla, NY 10595. (aea) |
Filing 5
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 4/22/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #4 Order, Add and Terminate Parties to Michael Fernandez ID No: 250271 Westchester County Jail P.O. Box 10 Valhalla, NY 10595. (vba) |
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Filing 4
ORDER. The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Plaintiffs, and note service on the docket. The Court severs Plaintiffs' claims from each other under Fed. R. Civ. P. 21. Michael Fernandez will proceed as the sole plaintiff in this action. The Clerk of Court is directed to open separate civil actions with new docket numbers for Dennis White, Robert Higgins, Felipe Cotto, and Edward Feliciano. A copy of the complaint and this order should be docketed in each new case. 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, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. Robert Higgins, Dennis White, Felipe Cotto and Edward Feliciano terminated. (Signed by Judge Colleen McMahon on 4/16/2019) (rjm) 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. (rjm) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Michael Fernandez.(sac) |
| Filing 2 COMPLAINT against Aramark. Document filed by Michael Fernandez, Felipe Cotto, Robert Higgins, Dennis White, Edward Feliciano. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Michael Fernandez.(sac) |
| Case Designated ECF. (sac) |
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