Wells v. State of New York Department of Corrections
| Carl Wells |
| Deputy Supt. Kelly, G.H.C.F. Leanty Stuard, State of New York Department of Corrections, Supt. M. Royce, Bell, Corr. Officer Woods, Deputy Supt. Kopp and Commissioner Anthony J. Annucci |
| 1:2019cv11280 |
| December 10, 2019 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Mailed a copy of #12 Order of Dismissal, to Carl Wells 11A1747 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 11582-4000..(vba) |
Filing 12
ORDER OF DISMISSAL: On February 5, 2020, the Court received a letter from Plaintiff, advising the Court that he is "not ready to litigate this claim" and wishes to withdraw his complaint. (ECF 11.) Accordingly, the Court grants Plaintiff's request to withdraw this action, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, without prejudice to Plaintiff's refiling it. The Clerk of Court is directed not to charge Plaintiff the $350.00 filing fee for this action, and the Warden or Superintendent having custody of Plaintiff is directed to suspend any previously authorized monetary deduction from Plaintiff's prison trust account for this lawsuit. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The complaint is voluntarily dismissed pursuant to Fed. R. Civ. P. 41(a), without prejudice to Plaintiff's refiling it as a new action. 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 2/6/2020) (mro) Transmission to Docket Assistant Clerk for processing. Transmission to Finance Unit (Cashiers) for processing.
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| Filing 11 LETTER addressed to Judge Colleen McMahon from C. Wells, dated 1/26/20,re: I am not ready to litigate this claim; I am under continuous and continuing denial of serious pending illnesses w/o diagnosis; and I am denied Law Library and grievances. I request a withdrawl order without prejudice to refile at a later date etc. Document filed by Carl Wells.(sc) |
| Filing 10 LETTER addressed to Judge Colleen McMahon from Carl Wells, dated 1/19/20 re: REQUEST FOR OUTSIDE HOSPITAL MEDICAL EVALUATION, EXTENSION OF 90 DAYS TO FILE POOR PERSON/ OR PAY FEE. CONTINUING/ CONTINUOUS PERIOD OF MEDICAL TREATMENT, MINISTERIAL NEGLIGENCE(EMERGENCY) ETC. Document filed by Carl Wells.(sc) |
| Filing 9 LETTER addressed to Judge Colleen McMahon from C. Wells, dated 1/12/20 re: (EXTENSION OF TIME REQUEST) - The lack of medical treatment and my medical condition is getting worse etc. Document filed by Carl Wells.(sc) |
| Mailed a copy of #8 Order 30 Days Other (case opening), to Carl Wells 11A1747 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 11582-4000. (vba) |
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Filing 8
ORDER. The Clerk of Court is directed to mail Plaintiff a copy of this order and note service on the docket. Plaintiff's request for an extension of time (ECF No. 7) is granted, to the extent that the Court grants him 30 days from the date of this order to either (1) pay the $400 in filing fees, or (2) submit the IFP application and prisoner authorization, together with a declaration showing that as of the time that he filed the complaint, 1915(g) does not bar him from proceeding IFP. For Plaintiff's convenience, a declaration form is attached to this order. If Plaintiff files a declaration, it must be submitted to the Court's Pro Se Intake Unit and bear the docket number 19-CV-11280 (CM). If Plaintiff fails to respond as directed, the complaint will be dismissed without prejudice to Plaintiff's refiling it. 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. (Signed by Judge Colleen McMahon on 1/10/2020) (rjm). Transmission to Docket Assistant Clerk for processing.
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| Filing 7 LETTER addressed to Judge Colleen McMahon from Carl Wells, dated 12/24/19 re: (EXTENSION) - Plaintiff requests that the Court grant a sixty-day extension to submit a new complaint, filing fee, or to withdraw etc. Document filed by Carl Wells.(sc) Modified on 12/31/2019 (sc). |
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Filing 6
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization 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 1/9/2020. In Forma Pauperis (IFP) Application due by 1/9/2020. Prisoner Authorization Form due by 1/9/2020. (Signed by Judge Colleen McMahon on 12/10/2019) (Attachments: #1 PRISONER AUTHORIZATION, #2 IFP Application)(keb) Transmission to Docket Assistant Clerk for processing.
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| Filing 5 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:19-cv-06578. Original file certified copy of transfer order and docket entries received. (sjo) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb) |
| Mailed a copy of #6 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to Carl Wells 11A1747 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 11582-4000. (aea) |
| Case Designated ECF. (sjo) |
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Filing 4
TRANSFER ORDER DISMISSING CASE, Case transferred to District of SDNY. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE.. Accordingly, the Clerk of Court is hereby directed totransfer this action, in the interest of justice, to the United States District Court for the Southern District of New York. See 28 U.S.C. 1406(a). Plaintiff did not pay the filing fee or include an application to proceed in forma pauperis, and enforcement of the Prison Litigation Reform Act and of thefiling fee is reserved for the transferee court. The Court offers no opinion on the merits of this action. That provision of Rule 83.1 of the Local Civil Rules of the Eastern District of New York which requires a seven-day delay is waived. No summons shall issue from this Court. (Ordered by Judge Kiyo A. Matsumoto on 12/4/2019) C/M (Galeano, Sonia) [Transferred from New York Eastern on 12/10/2019.]
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| Filing 3 Letter dated 11/16/19 from Carl Wells to Pro Se Clerk, seeking "the return of pltff's 42 USC sec. 1983, 1985 petition." (Galeano, Sonia) [Transferred from New York Eastern on 12/10/2019.] |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) [Transferred from New York Eastern on 12/10/2019.] |
| Filing 1 COMPLAINT against Anthony J. Annucci, Bell, Kelly, Kopp, M. Royce, State of New York Department of Corrections, Leanty Stuard, Woods, filed by Carl Wells. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) [Transferred from New York Eastern on 12/10/2019.] |
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