Lurch, Jr. v. NYCHHC et al
| Robert Derek Lurch, Jr. |
| NYCHHC and Every Doctor |
| 1:2021cv01567 |
| February 19, 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 September 29, 2023. A more recent docket listing may be available from PACER.
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Received returned mail re: #5 Judgment - Sua Sponte (Complaint), #4 Order of Dismissal. Mail was addressed to Robert Derek Lurch, Jr., NYSID: 12684777N, B&C No. 4412001916, Anna M. Kross Correctional Facility, 18-18 Hazen Street, East Elmhurst, NY 11370 and was returned for the following reason(s): ? unknown B/C and NYSID ?, RTS. (vn)
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Filing 5
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. SO ORDERED. (Signed by Judge Colleen McMahon on 2/23/21) (Attachments: #1 PRO SE APPEAL) (rdz) Transmission to Docket Assistant Clerk for processing.
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Filing 4
ORDER OF DISMISSAL: 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).2 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). SO ORDERED. (Signed by Judge Colleen McMahon on 2/23/21) (rdz) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #5 Judgment - Sua Sponte (Complaint), #4 Order of Dismissal, to Robert Derek Lurch, Jr., NYSID: 12684777N, B&C No. 4412001916 at Anna M. Kross Correctional Facility, 18-18 Hazen Street, East Elmhurst, NY 11370. (Attachments: # 1 PRO SE APPEAL) (dsh)
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NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(wb)
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Filing 3
PRISONER AUTHORIZATION. Document filed by Robert Derek Lurch, Jr. (sac)
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Filing 2
COMPLAINT against Every Doctor, NYCHHC. Document filed by Robert Derek Lurch, Jr. (sac)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Robert Derek Lurch, Jr. (sac)
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Case Designated ECF. (sac)
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