Carter v. New York State et al
| David Carter |
| CO. Melendez, New York State and Morges |
| 1:2020cv05955 |
| August 3, 2020 |
| 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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This docket was last retrieved on August 13, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Mailed a copy of #9 Judgment (Attachments: # 1 Appeal Package), #8 Order Dismissing Petition, Order of Dismissal, to David Carter at DIN # 19-A-1009, Great Meadow Correctional Facility, 11739 State Route 22, P.O. Box 51, Comstock, NY 12821-0051 (dsh) |
Filing 9
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED that the complaint is dismissed without prejudice under the Prison Litigation Reform Act's three-strikes rule. See 28 U.S.C. 1915(g). Plaintiff continues to be barred from filing any civil action under the in forma pauperis (IFP) statute while a prisoner unless Plaintiff is under imminent danger of serious physical injury. See 28 U.S.C. 1915(g). 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 8/12/2020) (Attachments: #1 Appeal Package) (nb) Transmission to Docket Assistant Clerk for processing.
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Filing 8
ORDER OF DISMISSAL UNDER 28 U.S.C. 1915(g): The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court denies Plaintif's request to proceed IFP, and the complaint is dismissed without prejudice under the PLRA's three-strikes rule. See 28 U.S.C. 1915(g). Plaintiff remains barred from filing any future action IFP while in custody, unless he is under imminent threat of serious physical injury. Id. 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 IFP 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 8/12/2020) (nb) 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..(bcu) |
| Filing 7 CASE TRANSFERRED IN from the United States District Court - District of New York Northern; Case Number: 9:20-cv-00582. Original file certified copy of transfer order and docket entries received. |
| Case Designated ECF. (sjo) |
| Filing 6 DECISION AND ORDER: ORDERED that the Clerk of the Court transfer this action to the United States District Court for the Southern District of New York. Signed by US Magistrate Judge Andrew T. Baxter on 7/30/2020. {order served via regular mail on plaintiff}(nas, ) [Transferred from New York Northern on 8/3/2020.] |
| Filing 5 TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, and plaintiff was directed to respond to the Order if s/he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by U.S. District Judge Mae A. D'Agostino on 6/26/2020. {text order served via regular mail on plaintiff}(nas) [Transferred from New York Northern on 8/3/2020.] |
| Filing 4 INMATE AUTHORIZATION FORM by David Carter. (nas, ) [Transferred from New York Northern on 8/3/2020.] |
| Filing 3 MOTION for Leave to Proceed in forma pauperis filed by David Carter.(nas, ) [Transferred from New York Northern on 8/3/2020.] |
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Filing 2
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that, if plaintiff desires to pursue this action, he must, within 30 days of the filing date of this Order, either (1) pay the $400.00 filing fee in full; or (2) submit a completed and signed IFP application. ORDERED that, in the event plaintiff chooses to file an IFP application, it must be accompanied by a signed inmate authorization form in accordance with the Court's Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 5/28/2020. {order and blank forms served via regular mail on plaintiff}(nas) [Transferred from New York Northern on 8/3/2020.]
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| Filing 1 COMPLAINT against Melendez, Morges, New York State filed by David Carter.(nas, ) [Transferred from New York Northern on 8/3/2020.] |
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