Diaz v. The Defendants et al
| Gilberto Diaz |
| The Defendants, Arlene Goldberg, Vance R. Cyrus, Michelle Warren, George Gill and Steven Diaz |
| 1:2021cv08595 |
| October 19, 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 November 19, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 4 PETITION FOR A WRIT OF ERROR TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT UNDER THE 34TH SECTION OF THE JUDICIARY ACT OF 1789. 1 STAT.73. Document filed by Gilberto Diaz. (sc) |
| Mailed a copy of #2 Order of Dismissal, #3 Judgment - Sua Sponte (Complaint), to Gilberto Diaz, DIN No. 16A3408 at Green Haven Correctional Facility, P.O. Box 4000, Stormville, NY 12582. (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. SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/25/21) (Attachments: #1 PRO SE APPEAL PACKAGE) (rdz) 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 dismisses this action without prejudice under the PLRAs "three-strikes" provision. See 28 U.S.C. 1915(g).2 Plaintiff remains barred from filing any future federal civil action IFP while he is a prisoner, unless he is under imminent danger of serious physical injury.3 Id. 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). The Court 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 10/25/21) (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..(wb) |
| Filing 1 COMPLAINT against Vance R. Cyrus, Steven Diaz, George Gill, Arlene Goldberg, The Defendants, Michelle Warren. Document filed by Gilberto Diaz.(rdz) |
| Case Designated ECF. (rdz) |
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