Potter v. People of the State of New York et al
| Donald J. Potter |
| People of the State of New York, David Hoovler, Janine Kovacs, Robert DeMono and Robert Freehill |
| 1:2022cv00183 |
| January 7, 2022 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on March 8, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Received returned mail re: #5 Judgment - Sua Sponte (Complaint), #4 Order of Dismissal. Mail was addressed to Donald J. Potter, DIN: 19A4459, Riverview Correctional Facility, 1110 Tibbits Drive, P.O. Box 158, Ogdensburg, NY 13669-0158 and was returned for the following reason(s): Unhable To Forward, Released, Return To Sender Not Deliverable As Addressed Unable To Forward. (vn) |
Filing 5
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed under 28 U.S.C. 1915(e)(2)(B)(i), (iii). 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 2/22/2022) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 4
ORDER OF DISMISSAL: Plaintiff's complaint is dismissed as frivolous and because he seeks monetary relief from Defendants who are immune from such relief. See 28 U.S.C. 1915A. 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 Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. (Signed by Judge Laura Taylor Swain on 2/22/2022) (sac) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #5 Judgment - Sua Sponte (Complaint), #4 Order of Dismissal and Notice of Appeal Package to Donald J. Potter DIN: 19A4459 Riverview Correctional Facility 1110 Tibbits Drive P.O. Box 158 Ogdensburg, NY 13669-0158. (dsh) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(bcu) |
| Filing 3 LETTER from D. Potter, dated 1/16/22 re: Plaintiff would like to have permission to amend the Complaint because I would like to add another ground to my Complaint and more evidence etc. Document filed by Donald J. Potter.(sc) |
| Mailed a copy of #2 Order and a copy of the docket sheet, to Donald J. Potter, DIN: 19A4459 at Riverview Correctional Facility, 1110 Tibbits Drive, P.O. Box 158, Ogdensburg, NY 13669-0158. (dsh) Modified on 1/10/2022 (dsh). |
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Filing 2
ORDER: The Court directs the Clerk of Court to (1) open a new civil action and docket the complaint (ECF 2 in 21-CV-5109 (LTS)) as the complaint in the new civil action; and (2) apply the $402.00 filing fee, processed by the Court on August 24, 2021 (Receipt Number 465401284983) to the new civil action. This action, under docket number 21-CV-5109, remains closed. 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 in forma pauperis 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). SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/7/22) (rdz) Transmission to Docket Assistant Clerk for processing.
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| Filing 1 COMPLAINT against Robert DeMono, Robert Freehill, David Hoovler, Janine Kovacs, People of the State of New York. (Filing Fee $ 402.00, Receipt Number 465401284983)Document filed by Donald J. Potter..(rdz) |
| Case Designated ECF. (rdz) |
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