McDaniel v. The People of the State of New York
Plaintiff: Curtis McDaniel
Defendant: The People of the State of New York
Case Number: 1:2019cv07680
Filed: August 14, 2019
Court: US District Court for the Southern District of New York
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 6, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 16, 2019 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)
August 14, 2019 Case Designated ECF. (sac)
August 14, 2019 Filing 4 PRISONER AUTHORIZATION. Document filed by Curtis McDaniel.(sac)
August 14, 2019 Filing 3 COMPLAINT against The People of the State of New York. Document filed by Curtis McDaniel. (sac)
August 14, 2019 Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Curtis McDaniel.(sac)
August 14, 2019 Opinion or Order 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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Plaintiff: Curtis McDaniel
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Defendant: The People of the State of New York
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