Wells v. NYS DOCS et al
| Carl D. Wells |
| NYS DOCS, Commissioner Anthony J. Annucci, Commissioner Supt. Miller, Dep. Supt. Infantano, C.O. D. Kwarter, C.O. Kelly, C.O. August and H. Block |
| 1:2021cv06921 |
| August 17, 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 August 19, 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), to Carl D. Wells, 11A1747 at Green Haven Correctional Facility, 594 Route 216, Stormville, NY 12582. (Attachments: # 1 Pro Se Appeal Package) (dsh) |
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. (Signed by Judge Laura Taylor Swain on 8/18/2021) (Attachments: #1 Pro Se Appeal Package) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 4
ORDER OF DISMISSAL UNDER 28 U.S.C. 1915(g): 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). Plaintiff remains barred from filing any future action IFP while he is in custody unless he is under imminent threat of serious physical injury. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the 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 IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Laura Taylor Swain on 8/18/2021) (sac) 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) |
| Filing 3 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:21-cv-04397. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
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Filing 2
TRANSFER ORDER: For the reasons stated in the accompanying Order, the Clerk of Court is hereby directed to transfer this action, in the interest of justice, to the United States District Court for the Southern District of New York. The Clerk of Court is directed to serve a copy of this order on pro se Plaintiff and note service on the docket. Case transferred to District of Southern District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE.. C/Mailed to Plaintiff. SO Ordered by Judge Kiyo A. Matsumoto on 8/12/2021. (Tavarez, Jennifer) [Transferred from New York Eastern on 8/17/2021.]
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| Filing 1 COMPLAINT against All Defendants, filed by Carl D. Wells. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) [Transferred from New York Eastern on 8/17/2021.] |
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