Newell v. Martinez et al
| Daniel William Newell |
| DOC State of New York (Department of Correction), Kenneth Martinez and Correction Officer Newell Little |
| 1:2019cv04019 |
| May 3, 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 May 10, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Mailed a copy of #4 Order of Dismissal, #5 Judgment - Sua Sponte (Complaint), Notice of Appeal Forms, to Daniel William Newell B&C 3491803878 Anna M. cross Center (AMKC) 18-18 Hazen Street East Elmhurst, NY 11370. (vba) |
Filing 5
CIVIL JUDGMENT. IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice to the pending action under docket number 18-CV-8704 (AT)(KHP). The Court certifies, pursuant to 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. SO ORDERED. (Signed by Judge Colleen McMahon on 5/9/2019) (rjm) Transmission to Docket Assistant Clerk for processing.
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Filing 4
ORDER OF DISMISSAL. This complaint is dismissed without prejudice to Plaintiff's pending case under docket number 18-CV-8704 (AT)(KHP). In light of the Court's belief that Plaintiff may have submitted this duplicate complaint in error, the Clerk of Court shall not charge Plaintiff the $350.00 filing fee for this action, and the Warden or Superintendent having custody of Plaintiff shall not deduct or encumber funds from Plaintiff's prison trust account for this lawsuit. 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. Plaintiff's complaint is dismissed without prejudice as duplicative. 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). SO ORDERED. (Signed by Judge Colleen McMahon on 5/9/2019) (rjm) Transmission to Docket Assistant Clerk for processing. Transmission to Finance Unit (Cashiers) 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 Daniel William Newell.(rdz) |
| Filing 2 COMPLAINT against DOC State of New York (Department of Correction), Newell Little, Kenneth Martinez. Document filed by Daniel William Newell.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Daniel William Newell.(rdz) |
| Case Designated ECF. (rdz) |
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