Potter v. People of the State of New York et al
| Donald J. Potter |
| People of the State of New York, Christopher M. Hults, Peter Greene and Robert DeMono |
| 1:2021cv07701 |
| September 14, 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 20, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Mailed a copy of #3 Judgment - Sua Sponte (Complaint), #2 Order of Dismissal, to Donald J. Potter, DIN: 19A4459, Riverview Correctional Facility, 1110 Tibbits Drive, P.O. Box 158, Ogdensburg, NY 13669-0158. (Attachments: # 1 Pro Se Appeal Package) (dsh) |
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 9/17/2021) (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): 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 9/17/2021) (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 1 COMPLAINT against Robert DeMono, Peter Greene, Christopher M. Hults, People of the State of New York. Document filed by Donald J. Potter. (sac) |
| Case Designated ECF. (sac) |
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