Potter v. Robert, et al
Plaintiff: Donald J. Potter
Defendant: Hon. Freehill Robert and David M. Hoovler
Case Number: 1:2019cv07948
Filed: August 22, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Colleen McMahon
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 29, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 29, 2020 Received returned mail re: #14 Order. Mail was addressed to Donald J. Potter, ID No. 2018-04542, Orange County Jail, 110 Wells Farm Road, Goshen, NY 10924 and was returned for the following reason(s): Return To Sender Undeliverable As Addressed Unable To Forward, Return To Sender. (vn)
December 26, 2019 Mailed a copy of #14 Order, to Donald J. Potter ID No. 2018-04542 Orange County Jail 110 Wells Farm Road Goshen, NY 10924. (aea)
December 20, 2019 Opinion or Order Filing 14 ORDER: Plaintiff's motion for relief (ECF No. 11) is denied. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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 12/20/2019) (rdz) Transmission to Docket Assistant Clerk for processing.
November 27, 2019 Filing 13 LETTER from Donald Potter, re: Plaintiff writes that, for each constitutional right which is violated, he can be compensated up to $250,000. but he is asking for $300,000. for both the 5th Amendment and 6th Amendment violation etc. Document filed by Donald J. Potter.(sc)
November 27, 2019 Filing 12 DECLARATION of Donald J. Potter IN SUPPORT OF MOTION FOR RELIEF, re: #11 Notice (Other). Document filed by Donald J. Potter. (sc)
November 27, 2019 Filing 11 NOTICE, re: MOTION FOR RELIEF. Document filed by Donald J. Potter. (sc)
November 22, 2019 ***DELETED DOCUMENT. Deleted document number 9 MOTION FOR RELIEF. The document was incorrectly filed in this case. (sac)
November 22, 2019 ***DELETED DOCUMENT. Deleted document number 10 DECLARATION of Donald J. Potter IN SUPPORT OF MOTION FOR RELIEF re: 9 Notice (Other-Motion). The document was incorrectly filed in this case. (sac)
November 7, 2019 Mailed a copy of #8 Judgment - Sua Sponte (Complaint), #7 Order of Dismissal, Notice of Appeal Forms, to Donald J. Potter ID No. 2018-04542 Orange County Jail 110 Wells Farm Road Goshen, NY 10924. (vba)
November 5, 2019 Opinion or Order Filing 8 CIVIL JUDGMENT. IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed under 28 U.S.C. 1915(e)(2)(B)(iii). 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. SO ORDERED. (Signed by Judge Colleen McMahon on 11/5/2019) (rjm) Transmission to Docket Assistant Clerk for processing.
November 5, 2019 Opinion or Order Filing 7 ORDER OF DISMISSAL. 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's complaint, filed in forma pauperis under 28 U.S.C. 1915(a)(1), is dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(iii). The Clerk of Court is directed to mail a copy of this order to the Warden of Orange County Correctional Facility at 110 Wells Farm Road, Goshen, NY 10924. 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). SO ORDERED. (Signed by Judge Colleen McMahon on 11/5/2019) (rjm) Transmission to Docket Assistant Clerk for processing.
October 28, 2019 Mailed a copy of #6 Order Granting IFP Application in Prisoner Case, to Donald J. Potter ID No. 2018-04542 Orange County Jail 110 Wells Farm Road Goshen, NY 10924; The Superintendent Orange County Jail110 Wells Farm RoadGoshen, NY 10924 (vba)
October 25, 2019 Opinion or Order Filing 6 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 10/25/2019) (sac) Transmission to Docket Assistant Clerk for processing.
October 8, 2019 Filing 5 LETTER from Donald Potter re: My name is Donald Potter I have been unlawfully arrested for controlled Substance in the 7th degree n Goshen Orange County New York. Document filed by Donald J. Potter.(rdz)
September 9, 2019 Filing 4 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Donald J. Potter.(sc)
August 29, 2019 Mailed a copy of #3 Order Directing Payment of Fee or IFP Application, to Donald J. Potter ID No. 2018-04542 Orange County Jail 110 Wells Farm Road Goshen, NY 10924. (aea)
August 28, 2019 Opinion or Order Filing 3 ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application 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). Filing Fee due by 9/27/2019. In Forma Pauperis (IFP) Application due by 9/27/2019. (Signed by Judge Colleen McMahon on 8/28/2019) (Attachments: #1 Exhibit IFP application)(asg) Transmission to Docket Assistant Clerk for processing.
August 28, 2019 NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb)
August 22, 2019 Filing 2 PRISONER AUTHORIZATION. Document filed by Donald J. Potter.(rdz)
August 22, 2019 Filing 1 COMPLAINT against Freehill Robert, David M. Hoovler. Document filed by Donald J. Potter.(rdz) Modified on 8/26/2019 (rdz). Modified on 8/28/2019 (rdz).
August 22, 2019 Case Designated ECF. (rdz) Modified on 8/26/2019 (rdz).

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Defendant: Hon. Freehill Robert
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Defendant: David M. Hoovler
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Plaintiff: Donald J. Potter
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