Ewers v. Pettus et al
| Dale Ainsley Leo Ewers |
| David Pettus, Esq. and John Pettus |
| 1:2019cv08203 |
| August 30, 2019 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on September 6, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Mailed a copy of #3 Judgment - Sua Sponte (Complaint), #2 Order of Dismissal, with Notice of Right to Appeal to Dale Ainsley Leo Ewers ID No. 170122625 P.T.D.C. 1321 N.W. 13th Street Miami, FL 33125. (aea) |
Filing 3
CIVIL JUDGMENT: 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 continues to be 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 9/5/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 2
ORDER OF DISMISSAL UNDER 28 U.S.C. 1915(g): 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. To the extent that Plaintiff, who has not paid the filing fees to bring this action, seeks to bring this complaint IFP, the Court denies Plaintiff's request to proceed IFP, and the complaint is dismissed without prejudice under the Prison Litigation Reform Act's (PLRA) "three-strikes" rule. See 28 U.S.C. 1915(g). Plaintiff remains barred from filing any future action IFP while in custody, unless he is under imminent threat of serious physical injury. If Plaintiff wishes to pursue his claims, he may file his complaint in the United States District Court for the Southern District of Florida and pay the $400 in filing fees required to file the action, unless he is under imminent danger of serious physical injury. 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 IFP 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 9/5/2019) (sac) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court 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) |
| Filing 1 COMPLAINT against David Pettus, Esq, John Pettus. Document filed by Dale Ainsley Leo Ewers. (sac) |
| Case Designated ECF. (sac) |
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