McDaniel v. The People of the State of New York
| Curtis McDaniel |
| The People of the State of New York, Julian Febres, John Doe Warden, Judge Charlotte E. Davidson, A. Drysdale, A.D.A. Breen Lauren, Judge Ann D. Thompson, Jan Doe and Nicholas Evangelista |
| 1:2019cv07680 |
| August 14, 2019 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Mailed a copy of #8 Order Directing Original Signature, to Curtis McDaniel NYSID: 00474252R B&C No. 3491901551 Anna M. Kross Correctional Facility 18-18 Hazen Street East Elmhurst, NY 11370. (aea) |
Filing 8
ORDER DIRECTING ORIGINAL SIGNATURE: Plaintiff is directed to submit a signed signature page to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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 in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Signature Page due by 11/7/2019. (Signed by Judge Colleen McMahon on 10/8/2019) (Attachments: #1 Supplement signature page)(bl) Transmission to Docket Assistant Clerk for processing.
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| Filing 7 AMENDED COMPLAINT against Charlotte E. Davidson, Jan Doe, John Doe Warden, A. Drysdale, Nicholas Evangelista, Julian Febres, Jan Doe, Breen Lauren, The People of the State of New York, Ann D. Thompson; re: amending #3 Complaint.Document filed by Curtis McDaniel. Related document: #3 Complaint.(sc) |
| Mailed a copy of #6 Order 60 Days Amended Complaint (case opening), to Curtis McDaniel NYSID: 00474252R B&C No. 3491901551 Anna M. Kross Correctional Facility 18-18 Hazen Street East Elmhurst, NY 11370. (aea) |
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Filing 6
ORDER TO AMEND: 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 Court dismisses Plaintiff's claims against the People of the State of New York. See 28 U.S.C. 1915(e)(2)(B)(iii). Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 19-CV-7680 (CM). An Amended Civil Rights Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the complaint will be dismissed for failure to state a claim upon which relief may be granted. 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 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 9/6/2019) (mro) 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. (mro) |
| Mailed a copy of #5 Order Granting IFP Application in Prisoner Case, to Curtis McDaniel NYSID: 00474252R B&C No. 3491901551 Anna M. Kross Correctional Facility 18-18 Hazen Street East Elmhurst, NY 11370. (aea) |
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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 9/5/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #1 Order, to Curtis McDaniel NYSID: 00474252R B&C No. 3491901551 Anna M. Kross Correctional Facility 18-18 Hazen Street East Elmhurst, NY 11370. (aea) |
| Filing 4 PRISONER AUTHORIZATION. Document filed by Curtis McDaniel.(sac) |
| Filing 3 COMPLAINT against The People of the State of New York. Document filed by Curtis McDaniel. (sac) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Curtis McDaniel.(sac) |
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Filing 1
ORDER re: 10 Letter, filed by Curtis McDaniel (19-cv-3526 (LLS)). On August 6, 2019, the Court received from Plaintiff a letter requesting that this pro se action be split into two separate complaints. (ECF No. 10.) He states that due to a mix-up, a separate new complaint that he had filed was docketed under this case number. Plaintiff would like that submission to be opened as a new civil case. A thorough review of the Court's records reveals that on June 4, 2019, in apparent response to the Court's April 23, 2019 order, Plaintiff submitted a completed request to proceed in forma pauperis ("IFP application") and a prisoner authorization with this case number. (ECF Nos. 3, 4.) He attached to the prisoner authorization what appeared to be a duplicate copy of the complaint in this case. Then on June 7, 2019, the Court received from Plaintiff another IFP application and prisoner authorization. But Plaintiff now explains in his letter that his June 4, 2019 submissions, with what appeared to be a duplicate complaint, were actually intended as a new action concerning another arrest. (ECF No. 10.) Plaintiff placed the case number of this action on the new complaint in error. In light of Plaintiff's letter and explanation, the Court concludes that Plaintiff's June 4, 2019 submissions were intended as papers for a new action and should be opened under a new civil case number. The Clerk of Court is therefore directed to delete Plaintiff's June 4, 2019 submissions (ECF Nos. 3, 4) from this case and docket the papers under a new civil docket number. The new case should consist of the complaint that is currently attached to the June 4, 2019 prisoner authorization, the prisoner authorization, and the June 4, 2019 IFP application. On July 12, 2019, the Court directed Plaintiff to submit an amended complaint in this action within 60 days. Plaintiff is reminded that if he fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the complaint will be dismissed for failure to state a claim upon which relief may be granted. (Signed by Judge Louis L. Stanton on 8/14/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Case Designated ECF. (sac) |
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