Garcia v. West Chester District Attorney Office et al
| Jason Garcia |
| Jennifer Sculco, D.A. Anthony Scarpino, West Chester District Attorney Office, Westchester County, A.D.A Jean Prisco, Anthony Scarpino and Westchester County Municipality |
| 1:2021cv00348 |
| January 14, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Louis L Stanton |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on March 1, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 AMENDED COMPLAINT against Jean Prisco, Anthony Scarpino(Terminated District Attorney),Westchester County, Jennifer Sculco, Westchester County Municipality, re: amending #1 Complaint.Document filed by Jason Garcia. Related document: #1 Complaint.(sc) Modified on 3/2/2021 (sc). |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Colleen McMahon is no longer assigned to the case..(bcu) |
| Mailed a copy of #6 Order 30 Days Amended Complaint (case opening) to Jason Garcia, 2020-00443 at Orange County Correctional Facility, 110 Wells Farm Rd, Goshen, NY 10424. (kh) |
Filing 6
ORDER OF DISMISSAL WITH LEAVE TO REPLEAD: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Plaintiff's complaint, filed in forma pauperis under 28 U.S.C. 1915(a)(1), is dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(ii), (iii). The Clerk of Court is instructed to hold this matter open on the docket until a civil judgment is entered. The Court grants Plaintiff thirty days' leave to replead his claims should he wish to do so. Plaintiffs must submit the amended complaint to this Court's Pro Se Intake Unit within thirty days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 21-CV-00348 (LLS). An Amended Complaint form is attached to this order. If Plaintiff fails to submit an amended complaint within the time allowed and does not show good cause to excuse such failure, the Court will enter a civil judgment consistent with this order and direct the Clerk of Court to terminate this matter. (Signed by Judge Louis L. Stanton on 2/4/2021) (sac) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #5 Order Granting IFP Application in Prisoner Case to the Superintendent of Orange County Correctional Facility at 110 Wells Farm Rd, Goshen, NY 10424. (kh) |
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Filing 5
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: 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 1/29/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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| Filing 4 PRISONER AUTHORIZATION. Document filed by Jason Garcia.(sc) |
| Filing 3 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Jason Garcia.(sc) |
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Filing 2
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 2/16/2021. In Forma Pauperis (IFP) Application due by 2/16/2021. Prisoner Authorization Form due by 2/16/2021. (Signed by Judge Colleen McMahon on 1/15/2020) (Attachments: #1 Supplement ifp, #2 Supplement plra) (bl) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #2 Order Directing Payment of Fee or IFP Application & Prisoner Authorization to Jason Garcia, 2020-00443 at Orange County Correctional Facility, 110 Wells Farm Rd, Goshen, NY 10424. (kh) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (vba) |
| Filing 1 COMPLAINT against Jean Prisco, Anthony Scarpino, Jennifer Sculco, West Chester District Attorney Office, Westchester County. Document filed by Jason Garcia..(rdz) |
| Case Designated ECF. (rdz) |
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