Abreu v. Henton
Plaintiff: Carlos Abreu
Defendant: Ms. Henton
Case Number: 1:2019cv05322
Filed: June 5, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Colleen McMahon
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 22, 2019 Mailed a copy of #8 Order Reopening Case, to Carlos Abreu DIN No. 07-A-6722 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442. (aea)
July 19, 2019 Opinion or Order Filing 8 ORDER: The Clerk of Court is directed to notify Plaintiff of this order and note service on the docket. Plaintiff's motion for reconsideration (ECF No. 7) is granted. The Court vacates the June 24, 2019 order of dismissal and civil judgment (ECF No. 4, ECF No. 5), and directs the Clerk of Court to reopen this action for further proceedings. 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). (Signed by Judge Colleen McMahon on 7/19/2019) (mro) Transmission to Docket Assistant Clerk for processing.
July 15, 2019 Filing 7 LETTER addressed to Judge Colleen McMahon from C. Abreu, dated 7/10/19 re: Plaintiff informs the Court that he is not the Carlos Abreu mentioned in the case of Abreu v. Burnett, as the Court incorrectly believes; that he never filed any action, suit or tort in any court which was disposed of as frivolous; and he requests that the Court rectify this matter and reinstate his 42:1983 Complaint. Document filed by Carlos Abreu.(sc)
July 10, 2019 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #6 Notice of Appeal. (tp)
July 10, 2019 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #6 Notice of Appeal filed by Carlos Abreu were transmitted to the U.S. Court of Appeals. (tp)
July 8, 2019 Filing 6 NOTICE OF APPEAL from #4 Order of Dismissal, #5 Judgment - Sua Sponte (Complaint). Document filed by Carlos Abreu. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Motion for EXT) (tp)
July 8, 2019 Appeal Remark as to #6 Notice of Appeal filed by Carlos Abreu. IFP DENIED 06/24/2019. (tp)
July 8, 2019 Appeal Fee Due: for #6 Notice of Appeal. Appeal fee due by 7/22/2019. (tp)
June 24, 2019 Opinion or Order Filing 5 Vacated as per Judge's Order dated 7/19/2019, Doc. #8 CIVIL JUDGMENT: Pursuant to the order issued June 24, 2019, dismissing the complaint, IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice under the PLRA's "three-strikes" rule. See 28 U.S.C. 1915(g). Plaintiff is barred from filing any civil action under the in forma pauperis statute while a prisoner unless the allegations bring the complaint within the terms of the statute's "imminent danger" exception. 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 6/24/2019) (Attachments: #1 Appeal Package)(mro) Transmission to Docket Assistant Clerk for processing. Modified on 7/22/2019 (mro).
June 24, 2019 Opinion or Order Filing 4 Vacated as per Judge's Order dated 7/19/2019, Doc. #8 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 complaint is dismissed without prejudice under the PLRA's "three-strike" rule. See 28 U.S.C. 1915(g). Plaintiff remains barred from filing any future action in forma pauperis while in custody, unless he is under imminent threat of serious physical injury. Id. The Clerk of Court is also instructed to terminate all other pending matters. 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 6/24/2019) (mro) Transmission to Docket Assistant Clerk for processing. Modified on 7/22/2019 (mro).
June 24, 2019 Mailed a copy of #5 Judgment - Sua Sponte (Complaint) with Notice of Right to Appeal, #4 Order of Dismissal, to Carlos Abreu DIN No. 07-A-6722 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442. (aea)
June 24, 2019 NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (mro) Modified on 6/24/2019 (mro).
June 5, 2019 Filing 3 PRISONER AUTHORIZATION. Document filed by Carlos Abreu.(sac)
June 5, 2019 Filing 2 COMPLAINT against Henton. Document filed by Carlos Abreu. (sac)
June 5, 2019 Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Carlos Abreu.(sac)
June 5, 2019 Case Designated ECF. (sac)

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Plaintiff: Carlos Abreu
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Defendant: Ms. Henton
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