Bility v. Carter et al
Plaintiff: Hassan Bility
Defendant: Warden Carter, Captain Guerra, Capt. John Doe and Captain Horton
Case Number: 1:2021cv08974
Filed: November 1, 2021
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Laura Taylor Swain
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 21, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 21, 2021 Received returned mail re: #4 Order of Dismissal, #5 Judgment - Sua Sponte (Complaint). Mail was addressed to Hassan Bility, 1412003090, 1 Halleck Street, Bronx, NY 10474 and was returned for the following reason(s): Return To Sender Not Deliverable As Addressed Unable To Forward, Bailed Out. (vn)
December 1, 2021 Received returned mail re: #3 Order Directing Payment of Fee or IFP Application & Prisoner Authorization. Mail was addressed to Hassan Bility, 1412003090, 1 Halleck Street, Bronx, NY 10474 and was returned for the following reason(s): Return To Sender Attempted - Not Known Unable To Forward, DISC. (vn)
November 18, 2021 Mailed a copy of #4 Order of Dismissal, #5 Judgment - Sua Sponte (Complaint), and Notice of Appeal Instructions to Hassan Bility, 1412003090 at 1 Halleck Street, Bronx, NY 10474. (kh)
November 17, 2021 Opinion or Order Filing 5 CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice. See 28 U.S.C. 1914, 1915. 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 11/17/2021) (Attachments: #1 Pro Se Appeal Package) (sac) Transmission to Docket Assistant Clerk for processing.
November 17, 2021 Opinion or Order Filing 4 ORDER OF DISMISSAL: Accordingly, Plaintiff's complaint, filed IFP pursuant to 28 U.S.C. 1915(a)(1), is dismissed without prejudice. See 28 U.S.C. 1914, 1915. 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, 44445 (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 at his address of record and note service on the docket. (Signed by Judge Laura Taylor Swain on 11/17/2021) (sac) Transmission to Docket Assistant Clerk for processing.
November 16, 2021 Received returned mail re: #1 Order. Mail was addressed to Hassan Bility, 1412003090, 1 Halleck Street, Bronx, NY 10474 and was returned for the following reason(s): Return To Sender Attempted - Not Known Unable To Forward, DISC. RETURN TO SENDER. (vn)
November 3, 2021 Opinion or Order Filing 3 ORDER DIRECTING PAYMENT OF FEES 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 12/3/2021. In Forma Pauperis (IFP) Application due by 12/3/2021. Prisoner Authorization Form due by 12/3/2021. (Signed by Judge Laura Taylor Swain on 11/3/2021) (Attachments: #1 Supplement IFP application, #2 Supplement Prisoner authorization) (scn) Transmission to Docket Assistant Clerk for processing.
November 3, 2021 Mailed a copy of #3 Order Directing Payment of Fee or IFP Application & Prisoner Authorization to Hassan Bility, 1412003090 at 1 Halleck Street, Bronx, NY 10474. (kh)
November 3, 2021 NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(wb)
November 2, 2021 Mailed a copy of #1 Order to Hassan Bility, 1412003090 at 1 Halleck Street, Bronx, NY 10474. (kh)
November 1, 2021 Filing 2 COMPLAINT against Capt. John Doe, Carter, Guerra, Horton. Document filed by Hassan Bility.(rdz)
November 1, 2021 Opinion or Order Filing 1 ORDER: The Court severs the claims of all plaintiffs under Fed. R. Civ. P. 21. Michael J. Lee will proceed as the sole plaintiff in this action. The Clerk of Court is directed to open separate civil actions with new docket numbers for the following plaintiffs: Daeshawn McCray #2412100805; Kevin Terry #4412000303; Jason Young #2412001869; Tayquan Mosley #1412000323; Mitchell Thompson #3492001965; Genghis Khan #2412101804; Rashawn Kingsberry #3492000022; Hassan Bility #1412003090; Darren Boyd #5412100385; Alejandro Mejia #3491904058; Gustave Brown #2411902513; Frankie Corchado #2412000121; Luke Dinan #4412101406; William Stevenson #3412100191; Rashid Turner-Hawkins #2412000097; Tyrefe Kelly #1412101303; Kenneth Watts #3492100023; Chibueze Ejiaku #3491902389; Lasalle Goring #5412100443; William Daniels #4412000556; Marquis Tanner #2412002342; Maurice Pye, Sr. #2412001589; Michael Blount #2412101155; Andre C. Jones, Sr. #1411806305; Termain Kirby #1412001914. A copy of the complaint (ECF No. 1), this order, and the corresponding IFP application and prisoner authorization should be docketed in each new case. The Clerk of Court is directed to mail a copy of this order to each of the plaintiffs at the addresses listed on the docket and note service on the docket. (Signed by Judge Laura Taylor Swain on 11/1/2021) (rdz) Transmission to Docket Assistant Clerk for processing.
November 1, 2021 Case Designated ECF. (rdz)

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Plaintiff: Hassan Bility
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Defendant: Warden Carter
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Defendant: Captain Guerra
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Defendant: Capt. John Doe
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Defendant: Captain Horton
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