Graves v. The United States Government et al
| Donald Graves |
| Bellevue Hospital, Sing Sing Maximum State Prison, Attica Maximum State Prison, Rikers Island AMKC, G.R.V.C. and The United States Government |
| 1:2021cv03006 |
| April 8, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 4, 2021. A more recent docket listing may be available from PACER.
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| Mailed a copy of #5 Order of Dismissal, #6 Judgment - Sua Sponte (Complaint), to Donald Graves, # 1412001415 at George R. Vierno Center, 09-09 Hazen St., East Elmhurst, NY 11370. (Attachments: # 1 Pro Se Appeal Package) (dsh) |
Filing 6
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice for Plaintiff's failure to submit a completed request to proceed in forma pauperis and prisoner authorization or pay the $402.00 in filing fees. See 28 U.S.C. 1914, 1915. 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 6/3/2021) (Attachments: #1 Pro Se Appeal Package) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 5
ORDER OF DISMISSAL: By order dated April 9, 2021, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis ("IFP application") and prisoner authorization or pay the $402.00 in fees required to file a civil action in this Court. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an IFP application and prisoner authorization or paid the fees. Accordingly, the Court dismisses the complaint without prejudice. See 28 U.S.C. 1914, 1915. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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 6/3/2021) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 4
ORDER DIRECTING PAYMENT OF FEES 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 5/10/2021. In Forma Pauperis (IFP) Application due by 5/10/2021. Prisoner Authorization Form due by 5/10/2021. (Signed by Judge Colleen McMahon on 4/9/2021) (Attachments: #1 Supplement IFP application, #2 Supplement Prisoner authorization) (scn) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #4 Order Directing Payment of Fee or IFP Application & Prisoner Authorization to Donald Graves, # 1412001415 at George R. Vierno Center, 09-09 Hazen St., East Elmhurst, NY 11370. (kh) |
| Filing 3 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:21-cv-01787. Original file certified copy of transfer order and docket entries received. (sjo) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(bcu) |
| Case Designated ECF. (sjo) |
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Filing 2
MEMORANDUM AND ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Southern District of New York. 28 U.S.C. 1391(b); 1404(a). The Court notes that plaintiff failed to pay the filing fee or request to proceed in forma pauperis, which are mattersreserved for the transferee court. The provision of Rule 83.1 of the Local Rules of the Eastern District of New York which requires a seven-day delay before effectuating a transfer is waived. SO Ordered by Judge Eric N. Vitaliano on 4/1/2021. (Almonte, Giselle) [Transferred from New York Eastern on 4/8/2021.]
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Case transferred to Southern District of New York. Original file, copy of transfer order, and docket sheet sent via CM/ECF Civil Extract. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE.. So Ordered by Judge Eric N. Vitaliano on 4/1/2021. (Almonte, Giselle) [Transferred from New York Eastern on 4/8/2021.]
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| Filing 1 COMPLAINT against All Defendants, filed by Donald Graves. (Attachments: #1 Civil Cover Sheet, #2 Letter) (Bowens, Priscilla) [Transferred from New York Eastern on 4/8/2021.] |
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