Merchant v. New York State et al
| Scott Merchant |
| Jane Doe, Attorney Ikieska Shabazz, Christopher Renfroe, John Doe and New York State |
| 1:2019cv11088 |
| December 3, 2019 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Mailed a copy of #6 Order of Dismissal, #7 Judgment - Sua Sponte (Complaint), with Notice of Right to Appeal to Scott Merchant DIN No. 19A4234 NYSID: 02797588Y Clinton Correctional Facility 1156 Rt. 374 P.O. Box 2000 Dannemora, NY 12929 (aea) Modified on 1/31/2020 (aea). |
Filing 7
CIVIL JUDGMENT. IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed under 28 U.S.C. 1915(e)(2)(B)(ii), (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 1/17/2020) (rjm) Transmission to Docket Assistant Clerk for processing.
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Filing 6
ORDER OF DISMISSAL. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Plaintiff's complaint, filed IFP under 28 U.S.C. 1915(a)(1), is dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(ii), (iii). 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 IFP 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. (Signed by Judge Colleen McMahon on 1/17/2020) (rjm) Transmission to Docket Assistant Clerk for processing.
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| Prisoner Trust Fund Account Statement by Scott Merchant. (sac) |
| Mailed a copy of #5 Order Granting IFP Application in Prisoner Case, to Scott Merchant 19A4234 CLINTON CORRECTIONAL FACILITY CORRECTIONAL FACILITY 1156 Rt. 374 P.O. Box 2000 Dannemora, NY 12929-2000; The SuperintendentCLINTON CORRECTIONAL FACILITYCORRECTIONAL FACILITY1156 Rt. 374P.O. Box 2000Dannemora, NY 12929-2000. (vba) |
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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. SO ORDERED. (Signed by Judge Colleen McMahon on 12/30/2019) (va) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #5 Order Granting IFP Application in Prisoner Case, to Scott Merchant NYSID: 02797588Y DIN No. 19A4234 Downstate Correctional Facility Red Schoolhouse Road P.O. Box F Fishkill, NY 12524 and to SUPERINTENDENT at Downstate Correctional Facility Red Schoolhouse Road P.O. Box F Fishkill, NY 12524. (aea) |
| Filing 4 PRISONER AUTHORIZATION. Document filed by Scott Merchant.(sc) |
| Mailed a copy of #3 Order Directing Prisoner Authorization, to Scott Merchant NYSID: 02797588Y DIN No. 19A4234 Downstate Correctional Facility Red Schoolhouse Road P.O. Box F Fishkill, NY 12524. (vba) |
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Filing 3
ORDER DIRECTING PRISONER AUTHORIZATION: Plaintiff is directed to submit a completed and signed Prisoner Authorization Form 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). Prisoner Authorization Form due by 1/3/2020. (Signed by Judge Colleen McMahon on 12/4/2019) (Attachments: #1 Prisoner Authorization)(dmg) 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. (wb) |
| Filing 2 COMPLAINT against Jane Doe, John Doe, New York State, Christopher Renfroe, Ikieska Shabazz. Document filed by Scott Merchant. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Scott Merchant. (sac) |
| Case Designated ECF. (sac) |
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