Pearson v. New York State
| Robert Pearson |
| New York State |
| 1:2021cv05911 |
| July 8, 2021 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on September 2, 2021. A more recent docket listing may be available from PACER.
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| Filing 12 LETTER from R. Pearson dated 8/25/21 re: The reason for me sending this letter to you is because I have come back to this address, The Orange County Jail, Goshen, New York 10924 etc. When I was at the Central New York Psychiatric Center, the Clerk of Court sent me letter saying that they were denying my case because I did not send them the paperwork in time. The Court mailed the paperwork around the same time that I went to the psychiatric center; and the jail did not mail the papers to me. So how can you deny my case and for what reason? Document filed by Robert Pearson.(sc) Modified on 9/2/2021 (sc). |
| Mailed a copy of #11 Judgment - Sua Sponte (Complaint), to Robert Pearson at Orange County Jail, P.O. Box 300, Marcy, NY 13403. (Attachments: # 1 PRO SE APPEAL PACKAGE) (dsh) |
| Filing 10 LETTER from William LaComb, Business Officer, Central New Yoirk Psych. Center -OMH re: The patient(Robert Pearson) was discharged to Orange County Jail on 8/10/21. He never processed any transactions and did not have any further funds deposited with Central New York Psychiatric Center. (sc) |
| Mailed a copy of #9 Order of Dismissal, to Robert Pearson, ID: 462888 at Central New York Psychiatric Center, P.O. Box 300, Marcy, NY 13403. (dsh) |
Filing 11
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed under 28 U.S.C. 1915(e)(2)(B)(iii). 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 Laura Taylor Swain on 8/20/21) (Attachments: #1 PRO SE APPEAL PACKAGE) (rdz) Transmission to Docket Assistant Clerk for processing.
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Filing 9
ORDER OF DISMISSAL: The Court dismisses Plaintiff's claims against New York State under the doctrine of Eleventh Amendment immunity. See 28 U.S.C. 1915(e) (2)(B)(iii). Plaintiff's habeas corpus claims are dismissed without prejudice. Because Plaintiff makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. 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 in forma pauperis 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). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/20/21) (rdz) Transmission to Docket Assistant Clerk for processing.
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Filing 8
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. The Clerk of Court is also directed to send a copy of this order to Plaintiff and note service on the docket. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Laura Taylor Swain on 8/5/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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| Filing 7 LETTER from R. Pearson, dated 7/29/21 re: The reason I am sending this is because I got the letter you sent to me. However, my address has changed to Central New York Psychiatric Center, P.O. Box 300, Marcy, New York 13403. This is my new address for now. I am sending the paper which you sent to be filled out too etc. Document filed by Robert Pearson.(sc) |
| Filing 6 PRISONER AUTHORIZATION. Document filed by Robert Pearson.(sc) |
| Mailed a copy of #8 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Central New York Psychiatric Center, P.O. Box 300, Marcy, NY 13403. (dsh) |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Robert Pearson ID: 462888 Central New York Psychiatric Center P.O. Box 300 Marcy, NY 13403 on 8/4/2021. (aan) |
| Filing 5 LETTER from Robert Pearson, dated 7/22/21 re: The reason I am sending this letter is because I have a new address. My new address is as follows: Central New York Psychiatric Center, P.O. Box 300, Marcy, New York 13403. I filed two more lawsuits with the Court; and I never received anything letting me know if my lawsuits have been filed. Document filed by Robert Pearson, Robert Pearson, Robert Pearson.c) |
| Request for Copies of updated Docket Sheets Received: Re (5 in 1:21-cv-05911-LTS, 10 in 7:21-cv-05670-PMH) Letter. Request for Docket Report, from Robert Pearson received on 8/2/21. Transmission to Pro Se Assistants for processing. (sc) |
| Request for Copy of the updated Docket Sheet Received: Re #5 Letter,. Request for Docket Report, from R. Pearson received on 8/2/21. Transmission to Pro Se Assistants for processing. (sc) |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Robert Pearson ID: 202100444 Orange County Jail 110 Wells Farm Rd. Goshen, NY 10924 on 7/16/2021. (aan) |
| Filing 4 LETTER from Robert Pearson, re: I would like to know if you filed my lawsuits. Please give the status of these. Document filed by Robert Pearson, Robert Pearson, Robert Pearson.(sc) |
| Request for Copies of Docket Sheet Received: Re (3 in 1:21-cv-05776-UA, 4 in 1:21-cv-05911-LTS) Letter. Request for Docket Report, from Robert Pearson received on 7/14/21. Transmission to Pro Se Assistants for processing. (sc) Modified on 7/15/2021 (sc). |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(wb) |
| Mailed a copy of #3 Order Directing Prisoner Authorization to Robert Pearson, ID: 202100444 at Orange County Jail, 110 Wells Farm Rd., Goshen, NY 10924. (kh) |
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Filing 3
ORDER DIRECTING PRISONER AUTHORIZATION: Plaintiff is directed to submit a completed and signed Prisoner Authorization Form 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). Prisoner Authorization Form due by 8/9/2021. (Signed by Judge Laura Taylor Swain on 07/09/2021) (Attachments: #1 Supplement prisoner authorization) (bl) Transmission to Docket Assistant Clerk for processing.
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| Filing 2 COMPLAINT against New York State. Document filed by Robert Pearson..(rdz) Modified on 7/9/2021 (rdz). |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Robert Pearson..(rdz) |
| Case Designated ECF. (rdz) |
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