Ellis v. Kim et al
| Erick Ellis |
| Dr. Kim, Dr. Bentivegna, Dr. John Morley, Susanna Nayshuler, Dr. Koenigsmann, Sandra Reynolds, DSHS V. Baldwin, Dora Burrito and C.O. Boyd |
| 1:2021cv05998 |
| July 13, 2021 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on September 21, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Mailed a copy of #4 Order of Dismissal, #5 Judgment - Sua Sponte (Complaint), and Notice of Appeal Instructions to Erick Ellis, 99-A-2760 at Green Haven Correctional Facility, 594 Route 216, Stormville, NY 12582-4000. (kh) |
Filing 5
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice, under Rule 41(b) of the Federal Rules of Civil Procedure, for failure to comply with the Courts order. 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 8/16/2021) (Attachments: #1 Pro Se Appeal Package) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 4
ORDER OF DISMISSAL: Accordingly, the complaint is dismissed without prejudice to Plaintiff's refiling a new action. 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 Laura Taylor Swain on 8/16/2021) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 LETTER addressed to Judge Laura Taylor Swain from E. Ellis, dated 7/21/21 re: Of first note, it seems that I have prematurely mailed my Complaint. I am still awaiting some final determination from the Central Office Review Committee in Albany but I was under the impression that, once they go beyond the established timeframes of the NYSDOCCS' Directive #4040 and other guidelines, then their lack of responses amounts to constructive denial etc. Document filed by Erick Ellis.(sc) Modified on 7/30/2021 (sc). |
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Filing 2
ORDER DIRECTING PAYMENT OF FEE 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 8/13/2021. In Forma Pauperis (IFP) Application due by 8/13/2021. Prisoner Authorization Form due by 8/13/2021. (Signed by Judge Laura Taylor Swain on 7/14/2021) (Attachments: #1 IFP application, #2 prisoner authorization) (keb) Transmission to Docket Assistant Clerk for processing.
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| 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 #2 Order Directing Payment of Fee or IFP Application & Prisoner Authorization to Erick Ellis, 99-A-2760 at Green Haven Correctional Facility, 594 Route 216, Stormville, NY 12582-4000. (kh) |
| Filing 1 COMPLAINT against V. Baldwin, Bentivegna, Boyd, Dora Burrito, Kim, Koenigsmann, John Morley, Susanna Nayshuler, Sandra Reynolds. Document filed by Erick Ellis..(rdz) |
| Case Designated ECF. (rdz) |
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