McFadden v. Cuomo et al
| Reginald Ghaffar McFadden |
| Aprilanne Agostino, Carrie A. Ciganek, Judith R. Stermberg, Gov. Andrew M. Cuomo, Anthony J. Annucci, Jr., MD John Morley, Robert F. Van Der Wang and Christina McDonald |
| 1:2021cv00782 |
| January 28, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 11, 2021. A more recent docket listing may be available from PACER.
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| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #7 Notice of Appeal filed by Reginald Ghaffar McFadden were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #7 Notice of Appeal. (tp) |
| Filing 7 NOTICE OF APPEAL (DUPLICATE) from #4 Judgment - Sua Sponte (Complaint), #3 Order of Dismissal. Document filed by Reginald Ghaffar McFadden. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #6 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #6 Notice of Appeal filed by Reginald Ghaffar McFadden were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 6 NOTICE OF APPEAL from #4 Judgment - Sua Sponte (Complaint), #3 Order of Dismissal. Document filed by Reginald Ghaffar McFadden. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
| Filing 5 LETTER from R. McFadden, dated 2/12/21 re: Please forward a copy of the docket sheet in this case. Document filed by Reginald Ghaffar McFadden.(sc) |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Reginald Ghaffar McFadden DIN No. 95A6279 Attica Correctional Facility P.O. Box 149 Attica, NY 14011-149 on 2/22/2021. (aan) |
| Request for Copy of the updated Docket Sheet Received: Re #5 Letter. Request for Docket Report, from R. McFadden received on 2/22/21. Transmission to Pro Se Assistants for processing. (sc) |
| Mailed a copy of #4 Judgment - Sua Sponte (Complaint), #3 Order of Dismissal, and Notice of Appeal Instructions to Reginald Ghaffar McFadden, DIN No. 95A6279 at Attica Correctional Facility, P.O. Box 149, Attica, NY 14011-149. (kh) |
Filing 4
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 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 2/1/2021) (Attachments: #1 Pro Se Appeal Package) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 3
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 Plaintiff'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. 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 2/1/2021) (sac) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court 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. (vba) |
| Filing 2 COMPLAINT against Aprilanne Agostino, Anthony J. Annucci, Jr, Carrie A. Ciganek, Andrew M. Cuomo, Christina McDonald, John Morley, Judith R. Stermberg, Robert F. Van Der Wang. Document filed by Reginald Ghaffar McFadden. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Reginald Ghaffar McFadden. (sac) |
| Case Designated ECF. (sac) |
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