Gunn v. Betivegna et al
| Darrell Gunn |
| Dr. Robert V. Bentivegna, Dr. Robert V. Betivegna and N.Y.S.D.O.C.C.S. |
| 1:2020cv00253 |
| January 10, 2020 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 24, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Mailed a copy of #7 Order 30 Days Amended Complaint (case opening),to Darrell Gunn DIN No. 03B2443 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (aea) |
Filing 7
ORDER OF DISMISSAL. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court dismisses Plaintiff's 1983 claims under the doctrine of Eleventh Amendment immunity and for failure to state a claim upon which relief may be granted. 28 U.S.C. 1915(e)(2)(B)(ii), (iii). 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 30 days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 20-CV-0253 (CM). An Amended Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to file an amended complaint, the Court will enter judgment in this case and it will be closed. The Court declines to exercise supplemental jurisdiction over any state-law claims Plaintiff may be asserting. 28 U.S.C. 1367(c)(3). 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Colleen McMahon on 2/21/2020) (rjm) Transmission to Docket Assistant Clerk for processing.
|
| Mailed a copy of #6 Order Granting IFP Application in Prisoner Case, to Darrell Gunn DIN No. 03B2443 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562; The SuperintendentSing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562..(vba) |
|
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 2/5/2020) (sac) Transmission to Docket Assistant Clerk for processing.
|
| Filing 5 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Darrell Gunn.(sc) |
|
Filing 4
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 2/13/2020. In Forma Pauperis (IFP) Application due by 2/13/2020. (Signed by Judge Colleen McMahon on 1/14/2020) (Attachments: #1 Supplement IFP)(scn) Transmission to Docket Assistant Clerk for processing.
|
| Mailed a copy of #4 Order Directing Payment of Fee or IFP Application, to Darrell Gunn DIN No. 03B2443 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (vba) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Darrell Gunn. (sac) |
| Filing 2 COMPLAINT against Robert V. Bentivegna, Robert V. Betivegna(M.D., F.H.S.D. sued individually and in his official capacities), Robert V. Betivegna(M.D., Facility Health Service Director), N.Y.S.D.O.C.C.S. Document filed by Darrell Gunn. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Darrell Gunn. (sac) |
| Case Designated ECF. (sac) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
