Agnew v. Department of Corrections, City of New York et al
| Joseph Agnew |
| Department of Corrections, City of New York, Vincent Schraldi, Captain Reyes, Captain Hamlet and Warden Carter |
| 1:2022cv01010 |
| February 2, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| 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 23, 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 Joseph Agnew, NYSID: 14905728K, B&C: 1412102789, Vernon C. Bain Center, 1 Halleck Street, Bronx, NY 10474 and was returned for the following reason(s): Return To Sender UNCLAIMED Unable To Forward, Return To Sender. (vn) |
| Mailed a copy of #5 Judgment - Sua Sponte (Complaint), #4 Order of Dismissal, and Notice of Appeal Instructions to Joseph Agnew, NYSID: 14905728K, B&C: 1412102789 at Vernon C. Bain Center, 1 Halleck Street, Bronx, NY 10474. (kh) |
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 3/10/2022) (Attachments: #1 Pro Se Appeal Package) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 4
ORDER OF DISMISSAL: By order dated February 7, 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) and prisoner authorization. On February 22, 2022, the order was returned to the Court with a notation on the envelope indicating that Plaintiff is no longer held at that facility. 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, Plaintiff's 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 3/10/2022) (sac) Transmission to Docket Assistant Clerk for processing.
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| Received returned mail re: #3 Order Directing Payment of Fee or IFP Application & Prisoner Authorization. Mail was addressed to Joseph Agnew, NYSID: 14905728K, B&C: 1412102789, Vernon C. Bain Center, 1 Halleck Street, Bronx, NY 10474 and was returned for the following reason(s): Return To Sender Attempted - Not Known Unable To Forward, RETURN TO SENDER, DISCHARGED. (vn) |
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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 3/9/2022. In Forma Pauperis (IFP) Application due by 3/9/2022. Prisoner Authorization Form due by 3/9/2022. (Signed by Judge Laura Taylor Swain on 2/7/2022) (Attachments: #1 Supplement IFP application, #2 Supplement Prisoner authorization) (scn) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #3 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to Joseph Agnew, NYSID: 14905728K, B&C: 1412102789 at Vernon C. Bain Center, 1 Halleck Street, Bronx, NY 10474. (Attachments: # 1 Supplement IFP application, # 2 Supplement Prisoner authorization)(dsh) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(bcu) |
| Mailed a copy of #1 Order to the following individuals at Vernon C. Bain Center, 1 Halleck Street, Bronx, NY 10474: Ruddy Osias, 00016464N/3492001692; Michael Guest, 05688980N/3491905972; David Caraballo, 02481972K/4412102168; and Joseph Agnew, 14905728K/1412102789. (kh) |
| Filing 2 COMPLAINT against Carter, Department of Corrections, City of New York, Hamlet, Reyes, Vincent Schraldi. Document filed by Joseph Agnew. (sac) |
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Filing 1
ORDER: The Court severs from this action, under Rule 21 of the Federal Rules of Civil Procedure, the claims of Plaintiffs Guest, Caraballo, and Agnew. Plaintiff Osias will proceed as the sole plaintiff in this action, and he is directed, within 30 days, to either pay the $402 in fees to bring this action or complete, sign, and return the attached IFP application and prisoner authorization under this action's docket number, 1:22-CV-0870 (LTS). No summons shall issue at this time. If Plaintiff Osias complies with this order, this action shall be processed in accordance with the procedures of the Clerk's Office. If Plaintiff Osias fails to comply with this order within the time allowed, the Court will dismiss this action. The Court directs the Clerk of Court to open three new separate civil actions with three new docket numbers for the claims of Plaintiffs Guest, Caraballo, and Agnew, and docket in each of those actions a copy of the complaint and this order. Once each new action is opened, the Court will issue orders directing Plaintiffs Guest, Caraballo, and Agnew to each either pay the fees to bring a separate action or complete, sign, and return an IFP application and prisoner authorization. The Court also directs the Clerk of Court to mail copies of this order to Plaintiffs Osias, Guest, Caraballo, and Agnew, and note service on the docket. (Signed by Judge Laura Taylor Swain on 2/2/2022) (Attachments: #1 IFP Application, #2 Prisoner Authorization) (sac) Transmission to Docket Assistant Clerk for processing.
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| Case Designated ECF. (sac) |
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