DeBlasio v. Williams et al
| Philip E. DeBlasio |
| Correctional Officer John Doe #2, Correctional Officer Simon, Correctional Officer John Doe #1 and Doctor Williams |
| 1:2019cv07227 |
| July 31, 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 August 29, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Received returned mail re: Mail Order by USPS. Mail was addressed to Philip E. DeBlasio NYSID: 04489407Y B&C No. 3491801884 Anna M. Kross Center 18-18 Hazen Street East Elmhurst, NY 11370 and was returned for the following reason(s): Return to Sender Undeliverable as Addressed Unable to Forward. (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 19-CV-0201. 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 8/6/2019) (rjm) Transmission to Docket Assistant Clerk for processing.
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Filing 4
ORDER OF DISMISSAL. Plaintiff has previously submitted to this Court a duplicate complaint against Defendants. That case is pending before the Court under docket number 19-CV-0201. Because this complaint raises the same claims, no useful purpose would be served by the filing and litigation of this duplicate lawsuit. Therefore, this complaint is dismissed without prejudice to Plaintiff's pending case under docket number 19-CV-0201. 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 is granted IFP status under 28 U.S.C. 1915(a)(1) for the limited purpose of dismissing this complaint without prejudice. Plaintiff's complaint is dismissed 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 IFP 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 8/6/2019) (rjm). Transmission to Docket Assistant Clerk for processing. Transmission to Finance Unit (Cashiers) for processing.
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| Mailed a copy of #4 Order of Dismissal, #5 Judgment - Sua Sponte (Complaint), Notice of Appeal Forms, to Philip E. DeBlasio NYSID: 04489407Y B&C No. 3491801884 Anna M. Kross Center 18-18 Hazen Street East Elmhurst, NY 11370. (vba) |
| 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 John Doe #1, John Doe #2, Simon, Williams.(rdz) |
| Filing 2 COMPLAINT against John Doe #1, John Doe #2, Simon, Williams. Document filed by Philip E. DeBlasio.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Philip E. DeBlasio.(rdz) |
| Case Designated ECF. (rdz) |
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