Torres v. DuBois et al
Plaintiff: Ricardo D. Torres
Defendant: Carl DuBois and New York State Department of Corrections and Community Supervision
Case Number: 1:2022cv00209
Filed: January 7, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Laura Taylor Swain
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 4, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 4, 2022 Opinion or Order Filing 5 CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice for Plaintiff's failure to pay the $402.00 in filing fees or submit a completed request to proceed in forma pauperis. 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 3/4/2022) (Attachments: #1 Pro Se Appeal Package) (sac) Transmission to Docket Assistant Clerk for processing.
March 4, 2022 Opinion or Order Filing 4 ORDER OF DISMISSAL: By order dated January 12, 2022, the Court directed Plaintiff, within thirty days, to either pay the $402.00 in fees that are required to file a civil action in this court or submit a completed request to proceed in forma pauperis (IFP). That order specified that failure to comply would result in dismissal of the complaint. On February 2, 2022, the order was returned to the Court with a notation on the envelope indicating that Plaintiff is no longer in custody. Plaintiff has not complied with the Court's order, has failed to notify the Court of a change of mailing address, and has not initiated any further contact with the Court, written or otherwise. Accordingly, 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 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 and note service on the docket. (Signed by Judge Laura Taylor Swain on 3/4/2022) (sac) Transmission to Docket Assistant Clerk for processing.
March 4, 2022 Mailed a copy of #4 Order of Dismissal, #5 Judgment - Sua Sponte (Complaint), to Ricardo D. Torres, 2021-00957, Orange County Correctional Facility, 110 Wells Farm Road, Goshen, NY 10924. (Attachments: # 1 Pro Se Appeal Package) (dsh)
March 3, 2022 Received returned mail re: #3 Order Directing Payment of Fee or IFP Application. Mail was addressed to Ricardo D. Torres, 2021-00957, Orange County Correctional Facility, 110 Wells Farm Road, Goshen, NY 10924 and was returned for the following reason(s): Return To Sender REFUSED Unable To Forward. (vn)
February 23, 2022 Mailed a copy of #3 Order Directing Payment of Fee or IFP Application, to Ricardo D. Torres, 2021-00957, Orange County Correctional Facility, 110 Wells Farm Road, Goshen, NY 10924. (Attachments: # 1 IFP application (dsh)
February 2, 2022 Received returned mail re: Mail Order by USPS, #3 Order Directing Payment of Fee or IFP Application. Mail was addressed to Ricardo D. Torres, 2014-00957 at Orange County Correctional Facility, 110 Wells Farm Road, Goshen, NY 10924 and was returned for the following reason(s): Return To Sender. (ta)
January 12, 2022 Opinion or Order Filing 3 ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fees or submit an IFP application to this Court's Pro Se Office Unit within thirty (30) days of the date of this Order. 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). The Clerk of Court is directed to mail a copy of this Order to Plaintiff and note service on the docket. Filing Fees due by 2/11/2022. In Forma Pauperis (IFP) Application due by 2/11/2022. (Signed by Chief Judge Laura Taylor Swain on 1/12/2022) (Attachments: #1 IFP application) (ees) Transmission to Docket Assistant Clerk for processing.
January 12, 2022 Mailed a copy of #3 Order Directing Payment of Fee or IFP Application, to Ricardo D. Torres, 2014-00957 at Orange County Correctional Facility, 110 Wells Farm Road, Goshen, NY 10924. (Attachments: # 1 IFP application) (dsh)
January 12, 2022 NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(bcu)
January 7, 2022 Filing 2 PRISONER AUTHORIZATION. Document filed by Ricardo D. Torres..(rdz)
January 7, 2022 Filing 1 COMPLAINT against Carl DuBois, New York State Department of Corrections and Community Supervision. Document filed by Ricardo D. Torres.(rdz)
January 7, 2022 Case Designated ECF. (rdz)

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Plaintiff: Ricardo D. Torres
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Defendant: Carl DuBois
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Defendant: New York State Department of Corrections and Community Supervision
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