Johnson v. Vance et al
| Andre A. Johnson |
| Unknown, Assistant District Attorney New York County, Cyrus R. Vance, Jr. and Ms. Walton |
| 1:2019cv07036 |
| July 25, 2019 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 4, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Mailed a copy of #6 Judgment - Sua Sponte (Complaint), #5 Order of Dismissal, with Notice of Right to Appeal to Andre A. Johnson DIN No. 13R2584 Orleans Correctional Facility 3531 Gaines Basin Road Albion, NY 14411-9199. (aea) |
Filing 6
CIVIL JUDGMENT: Pursuant to the order issued September 3, 2019, dismissing the complaint, 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 is barred from filing any civil action under the in forma pauperis (IFP) 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 9/3/2019) (Attachments: #1 Pro Se Appeal Package)(mro) Transmission to Docket Assistant Clerk for processing.
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Filing 5
BAR ORDER UNDER 28 U.S.C. 1915(g): While Plaintiff was a prisoner, he filed three or more cases that are deemed strikes because they were dismissed as frivolous, malicious, or for failure to state a claim. Plaintiff is therefore barred from filing future civil actions IFP in this Court while a prisoner unless he is under imminent threat of serious physical injury. Plaintiff is warned that the submission of frivolous documents may result in the imposition of additional sanctions, including monetary penalties. See 28 U.S.C. 1651. The Court denies Plaintiff's request to proceed IFP, and the complaint is dismissed without prejudice under the PLRA's "three-strikes" rule. See 28 U.S.C. 1915(g). 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). (Signed by Judge Colleen McMahon on 9/3/2019) (mro) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing.
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Filing 4
ORDER TO SHOW CAUSE UNDER 28 U.S.C. 1915(g): The Clerk of Court is directed to assign this case to my docket, mail a copy of this order to Plaintiff, and note service on the docket. The Court directs Plaintiff to show cause why the Court should not deny his IFP application under the PLRA's three strikes provision, 28 U.S.C. 1915(g). Plaintiff must file a declaration within thirty days explaining any reason why he should not be barred under the PLRA. A declaration form is attached to this order for Plaintiff's convenience. If Plaintiff does not show cause, or if he fails to respond to this order, the Court will deny Plaintiff's IFP application, dismiss this action without prejudice, and bar Plaintiff under 1915(g) from filing future actions IFP while he is a prisoner. 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 an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is directed to docket this as a "written opinion" within the meaning of Section 205(a)(5) of the E-Government Act of 2002. (Signed by Judge Colleen McMahon on 7/29/2019) (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) |
| Mailed a copy of #4 Order 30 Days Other (case opening), to Andre A. Johnson DIN No. 13R2584 Orleans Correctional Facility 3531 Gaines Basin Road Albion, NY 14411-9199. (aea) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Andre A. Johnson.(sac) |
| Filing 2 COMPLAINT against Unknown, Assistant District Attorney New York County, Cyrus R. Vance, Jr, Walton. Document filed by Andre A. Johnson. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Andre A. Johnson. (sac) |
| Case Designated ECF. (sac) |
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