Fulton v. Capra et al
| Alvin Fulton |
| Michael Capra, John Doe and W. Wyllie |
| 1:2021cv00339 |
| January 13, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 5, 2021. A more recent docket listing may be available from PACER.
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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 3/5/2021) (Attachments: #1 Pro Se Appeal Package) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 8
BAR ORDER UNDER 28 U.S.C. 1915(g): While Plaintiff was a prisoner, he filed three or more cases that are deemed strikes because they were dismissed as frivolous, malicious, or for failure to state a claim. Plaintiff has not shown cause why the 1915(g) bar does not apply, and thus he is barred from filing future actions IFP in this Court while a prisoner unless he seeks relief for an imminent threat of serious physical injury. Although Plaintiff argues that this action is meritorious, nothing in the complaint or subsequent submissions suggests that he is in imminent danger of serious physical injury and that his claims have some nexus to such a danger. Instead, Plaintiff's claims arise from an incident in the past at a facility where he no longer resides. The Court denies Plaintiff's request to proceed IFP in this action, and the complaint is dismissed under the PLRA's "three-strikes" rule, without prejudice to Plaintiff's refiling it.2 See 28 U.S.C. 1915(g). 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 3/5/2021) (sac) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #8 Order of Dismissal, #9 Judgment - Sua Sponte (Complaint), and Notice of Appeal Instructions to Alvin Fulton, DIN No. 02B0775 at Greene Correctional Facility, P.O. Box 975, Coxsackie, NY 10251-0975. (kh) |
| Filing 6 DECLARATION of Alvin Fulton re: #5 Order. Document filed by Alvin Fulton. (sc) |
| Filing 7 LETTER from A. Fulton, dated 2/26/21 re: "REPLY TO ORDER TO SHOW CAUSE"-Plaintiff is being arbitrarily and systematically denied his Constitutional right of access to the Court in violation of Due Process solely due to the plaintiff's inability to pay Court filing fees in advance etc. Document filed by Alvin Fulton.(sc) |
| Mailed a copy of #5 Order to Alvin Fulton, DIN No. 02B0775 at Greene Correctional Facility, P.O. Box 975, Coxsackie, NY 10251-0975. (kh) |
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Filing 5
ORDER TO SHOW CAUSE 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 directs Plaintiff to show cause why the Court should not deny his IFP application under the PLRA's three strikes provision, 28 U.S.C. 1915(g). Plaintiff must file a declaration within thirty days explaining any reason why he should not be barred from proceeding in forma pauperis. For Plaintiffs convenience, a declaration form is attached to this order. If Plaintiff does not show cause, or if he fails to respond to this order, the Court will deny Plaintiff's IFP application, dismiss this action without prejudice, and bar Plaintiff under 1915(g) from filing future actions IFP while he is a prisoner. 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, 44445 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Colleen McMahon on 2/16/21) (rdz) Transmission to Docket Assistant Clerk for processing.
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| Filing 4 PRISONER AUTHORIZATION. Document filed by Alvin Fulton.(sc) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(vba) |
| Mailed a copy of #3 Order Directing Prisoner Authorization, to Alvin Fulton, DIN No. 02B0775 at Greene Correctional Facility, P.O. Box 975,Coxsackie, NY 10251-0975. (Attachments: # 1 proposed prisoner authorization) (dsh) Modified on 1/15/2021 (dsh). |
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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 2/16/2021. (Signed by Judge Colleen McMahon on 1/14/2021) (Attachments: #1 proposed prisoner authorization) (keb) Transmission to Docket Assistant Clerk for processing.
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| Filing 2 COMPLAINT against Michael Capra, John Doe, W. Wyllie. Document filed by Alvin Fulton. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Alvin Fulton. (sac) |
| Case Designated ECF. (sac) |
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