Burns v. Hines et al
| Trevor Burns |
| Sarah Hines and Unknown N.Y.C. Dept. of Correction Officials |
| 1:2021cv08236 |
| October 5, 2021 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 16, 2021. A more recent docket listing may be available from PACER.
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| Mailed a copy of #9 Order, to Trevor Burns, 97-A-6087, Groveland Correctional Facility, 7000 Sonyea Road, P.O. Box 50, Sonyea, NY 14556-0050. (dsh) |
| Filing 10 LETTER from Trevor Burns re: I am writing for copies of the District Court's "Summons" and forms the U.S. Marshal's use to effectuate service. Document filed by Trevor Burns.(rdz) |
Filing 9
ORDER: The Court directs the Clerk of Court to open the complaint that is attached to Plaintiff's declaration (ECF 8, at 3-71) as a new civil action, and to apply the fees Plaintiff has paid to that new civil action. The filing date for Plaintiff's complaint in the new civil action is November 8, 2021. The Court also directs the Clerk of Court to docket a copy of this order in the new civil action. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Court further directs the Clerk of Court to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/15/21) (rdz) Transmission to Docket Assistant Clerk for processing.
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| Pro Se Payment of Fee Processed: $402.00 Check processed by the Finance Department on 11/10/2021, Receipt Number 465401288848. (stt) |
| Mailed a copy of #6 Order of Dismissal, #7 Judgment - Sua Sponte (Complaint), and Notice of Appeal Instructions to Trevor Burns, 97-A-6087 at Groveland Correctional Facility, 7000 Sonyea Road, P.O. Box 50, Sonyea, NY 14556-0050. (kh) |
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Filing 7
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED that this action is dismissed without prejudice under the Prison Litigation Reform Act's "three-strikes" rule. See 28 U.S.C. 1915(g). Plaintiff is barred from filing any federal civil action under the in forma pauperis (IFP) statute while a prisoner unless he is under imminent danger of serious physical injury. 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 11/9/2021) (Attachments: #1 Pro Se Appeal Package) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 6
BAR ORDER UNDER 28 U.S.C. 1915(g): The Court finds that while Plaintiff has been a prisoner, he has filed three or more federal civil actions or appeals that are deemed strikes because they were dismissed as frivolous, malicious, or for failure to state a claim on which relief may be granted. Because Plaintiff has not shown good cause as to why he should not be barred under 28 U.S.C. 1915(g), the Court recognizes Plaintiff as barred, under Section 1915(g), from filing federal civil actions IFP while he is a prisoner unless he is under imminent danger of serious physical injury. The Court warns Plaintiff that the submission of frivolous documents may result in the imposition of additional sanctions, including monetary penalties. See 28 U.S.C. 1651. The Court denies Plaintiff's request to proceed IFP and dismisses this action without prejudice. See 28 U.S.C. 1915(g). 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Court directs the Clerk of Court to mail a copy of this order to Plaintiff and note service on the docket. (Signed by Judge Laura Taylor Swain on 11/9/2021) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 8 DECLARATION of Trevor Burns, re: #4 Order 30 Days Other (case opening). Document filed by Trevor Burns. (sc) |
| Filing 5 LETTER addressed to Judge Laura Taylor Swain from T. Burns, dated 11/1/21 re: I write in regard to Your Honor's order in this matter that I show cause under 28:1915(g) dated 10/15/21. In accordance with the Court's order, I was granted permission to file a new federa civil action by paying the filing fee to bring such action if I cannot show cause why I am not barred under 28:1915(g). Based upon the three strikes the Court referenced, I cannot show cause, so I will file a new action. But there is a slight problem etc. Accordingly, I request that the Court Clerk hold the filing fee in abeyance until I send my new civil action once I receive notification that the facility Superintendent forwarded the filing fee to the Court. Document filed by Trevor Burns..(sc) |
| Mailed a copy of #4 Order 30 Days Other (case opening) to Trevor Burns, 97-A-6087 at Groveland Correctional Facility, 7000 Sonyea Road, P.O. Box 50, Sonyea, NY 14556-0050. (kh) |
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Filing 4
ORDER TO SHOW CAUSE UNDER 28 U.S.C. 1915(g): The Court directs Plaintiff to show cause why the Court should not deny his IFP application under the PLRA's three strikes provision, 28 U.S.C. 1915(g). Plaintiff must file a declaration within 30 days of the date of this order explaining any reason why he should not be barred under the PLRA from proceeding with this action IFP. A declaration form is attached to this order for Plaintiffs convenience. If Plaintiff does not show cause, or if he fails to respond to this order, the Court will deny Plaintiff's IFP application, dismiss this action without prejudice, and recognize Plaintiff as barred under Section 1915(g) from filing federal civil actions IFP while he is a prisoner. 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). 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 10/15/21) (Attachments: #1 Attachment) (rdz) 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..(aea) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Trevor Burns..(rdz) |
| Filing 2 COMPLAINT against Sarah Hines, Unknown N.Y.C. Dept. of Correction Officials. Document filed by Trevor Burns..(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Trevor Burns..(rdz) |
| Case Designated ECF. (rdz) |
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