Ortiz v. Superintendent
Plaintiff: Edwin Ortiz
Defendant: Superintendent
Case Number: 1:2020cv05572
Filed: July 16, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Colleen McMahon
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 25, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 25, 2020 Mailed a copy of #4 Judgment, #3 Order of Dismissal, and Notice of Appeal Instructions to Edwin Ortiz, DIN # 94A3113 at Clinton Correctional Facility, P.O. Box 2001, Dannemora, NY 12929. (kh)
August 24, 2020 Filing 5 LETTER from E. Ortiz dated 8/20/20 re: Forget the ten percent goes to churches and I am a child of G-d, and we are entitled to get it etc. Document filed by Edwin Ortiz.(sc)
August 24, 2020 Opinion or Order Filing 4 CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to comply with the Court's order. 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 8/24/2020) (nb) Transmission to Docket Assistant Clerk for processing. (Additional attachment(s) added on 8/25/2020: #1 Appeal Package) (nb).
August 24, 2020 Opinion or Order Filing 3 ORDER OF DISMISSAL: By order dated July 21, 2020, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis (IFP application) and prisoner authorization or pay the $400.00 in fees required to file a civil action in this Court. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an IFP application and prisoner authorization or paid the fee. Accordingly, the complaint is dismissed without prejudice. See 28 U.S.C. 1914, 1915. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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). (Signed by Judge Colleen McMahon on 8/24/2020) (nb) Transmission to Docket Assistant Clerk for processing.
July 22, 2020 Mailed a copy of #2 Order Directing Payment of Fee or IFP Application (Attachments: # 1 IFP Application, # 2 Prisoner Authorization), to Edwin Ortiz at DIN No. 94A3113, Clinton Correctional Facility, P.O. Box 2001, Dannemora, NY 12929. (dsh)
July 21, 2020 NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(bcu)
July 21, 2020 Opinion or Order Filing 2 ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION AND PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application and 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 8/20/2020. In Forma Pauperis (IFP) Application due by 8/20/2020. (Signed by Judge Colleen McMahon on 7/21/2020) (Attachments: #1 IFP Application, #2 Prisoner Authorization) (keb) Transmission to Docket Assistant Clerk for processing.
July 16, 2020 Case Designated ECF. (sac)
July 16, 2020 Filing 1 COMPLAINT against Superintendent. Document filed by Edwin Ortiz. (sac)

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