Wingate v. Polcovich et al
| Blake Wingate |
| Amy Lamanna, Douglas Lentivench, Gerald Jones, State of New York, John Doe, Andrew Cuomo, Letitia James, Christopher Wright, Kim Marie Forrell, Kerry F. Delaney, Jones, Timothy McCarthy, James Edward Johnson, Paul Piccolo, Anthony Annucci, Michael C. Polcovich, Ms. Marlene LaCayo and John Moeley |
| 1:2021cv04899 |
| June 1, 2021 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 8, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(bcu) |
| Mailed a copy of #2 Order of Dismissal, #3 Judgment - Sua Sponte (Complaint), and Notice of Appeal Instructions to Blake Wingate, DIN: 15A3206 at Five Points Correctional Facility, 6600 State Route 96, P.O. Box 119, Romulus, NY 14541. (kh) |
Filing 3
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 (IFP) 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 Laura Taylor Swain on 6/3/2021) (Attachments: #1 Pro Se Appeal Package) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 2
ORDER OF DISMISSAL UNDER 28 U.S.C. 1915(g): Plaintiff's complaint is dismissed without prejudice under the Prison Litigation Reform Act's (PLRA) "three-strikes" rule. See 28 U.S.C. 1915(g). Plaintiff remains barred from filing any future action IFP while a prisoner, unless he is under imminent danger of serious physical injury. 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 IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this order to Plaintiff, noting service on the docket. (Signed by Judge Laura Taylor Swain on 6/3/2021) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 1 COMPLAINT against Anthony Annucci, Andrew Cuomo, Kerry F. Delaney, John Doe, Kim Marie Forrell, Letitia James, James Edward Johnson, Jones, Gerald Jones, Marlene LaCayo, Amy Lamanna, Douglas Lentivench, Timothy McCarthy, John Moeley, Paul Piccolo, Michael C. Polcovich, State of New York, Christopher Wright. Document filed by Blake Wingate. (Attachments: #1 Civil Cover Sheet) (sac) |
| Case Designated ECF. (sac) |
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