Wheeler v. NYC DOC et al
| Brett Wheeler |
| Correction Officer John Doe #1, NYC DOC and City of New York |
| 1:2019cv09689 |
| October 16, 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 March 14, 2022. A more recent docket listing may be available from PACER.
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Mailed a copy of #6 Order 60 Days Amended Complaint (case opening), Add and Terminate Parties, Terminate Motions, to Brett Wheeler NYSID: 06002037R B&C No. 2411606039 George R. Vierno Center 09-09 Hazen Street East Elmhurst, NY 11370. (vba)
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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 the New York City Department of Correction from this action. See 28 U.S.C. 1915(e)(2)(B)(ii). The Clerk of Court is also directed to add the City of New York as a defendant under Fed. R. Civ. P. 21. Plaintiff's application for counsel (ECF No. 4) is denied without prejudice to renewal at a later date. 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-9689 (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). SO ORDERED. City of New York added. NYC DOC terminated. Motions terminated: #4 APPLICATION for the Court to Request Counsel. filed by Brett Wheeler. (Signed by Judge Colleen McMahon on 11/26/2019) (rjm) Transmission to Docket Assistant Clerk for processing.
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (rjm)
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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 11/19/2019) (va) Transmission to Docket Assistant Clerk for processing.
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Filing 4
APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Brett Wheeler. (sac)
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Filing 3
PRISONER AUTHORIZATION. Document filed by Brett Wheeler. (sac)
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Filing 2
COMPLAINT against John Doe #1, NYC DOC. Document filed by Brett Wheeler. (sac)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Brett Wheeler. (sac)
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Case Designated ECF. (sac)
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