Lurch, Jr. v. NYCHHC et al
Plaintiff: Robert Derek Lurch, Jr.
Defendant: NYCHHC and Every Doctor
Case Number: 1:2021cv01567
Filed: February 19, 2021
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Colleen McMahon
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 4, 2021 Opinion or Order 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)
February 23, 2021 Opinion or Order 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.
February 23, 2021 Opinion or Order 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.
February 23, 2021 Opinion or Order 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)
February 23, 2021 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(wb)
February 19, 2021 Opinion or Order Filing 3 PRISONER AUTHORIZATION. Document filed by Robert Derek Lurch, Jr. (sac)
February 19, 2021 Opinion or Order Filing 2 COMPLAINT against Every Doctor, NYCHHC. Document filed by Robert Derek Lurch, Jr. (sac)
February 19, 2021 Opinion or Order Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Robert Derek Lurch, Jr. (sac)
February 19, 2021 Opinion or Order Case Designated ECF. (sac)

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Plaintiff: Robert Derek Lurch, Jr.
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Defendant: NYCHHC
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Defendant: Every Doctor
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