Nieves v. Ward
| Michael Nieves |
| Laura Ward |
| 1:2022cv01382 |
| February 18, 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 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 2, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Mailed a copy of #5 Order of Dismissal, #6 Judgment - Sua Sponte (Complaint), to Michael Nieves, NYSID: 08896985Z, B&C: 8952000392, Bellevue Hospital Prison Ward, 462 First Avenue, New York, NY 10016. (Attachments: # 1 PRO SE APPEAL PACKAGE) (dsh) |
Filing 6
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that this action is dismissed. The Court dismisses Plaintiff's claims for damages and injunctive relief against Justice Ward under the doctrine of judicial immunity and as frivolous. 28 U.S.C. 1915(e)(2)(B)(i), (iii). The Court dismisses Plaintiffs remaining claims for injunctive and declaratory relief under the Younger abstention doctrine. The Court dismisses Plaintiffs claims for habeas corpus relief without prejudice. Because Plaintiff makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. 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 3/3/22) (Attachments: #1 PRO SE APPEAL PACKAGE) (rdz) Transmission to Docket Assistant Clerk for processing.
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Filing 5
ORDER OF DISMISSAL: The Court dismisses this action. The Court dismisses Plaintiff's claims for damages and injunctive relief against Justice Ward under the doctrine of judicial immunity and as frivolous. 28 U.S.C. 1915(e) (2)(B)(i), (iii). The Court dismisses Plaintiff's remaining claims for injunctive and declaratory relief under the Younger abstention doctrine. The Court dismisses Plaintiff's claims for habeas corpus relief without prejudice. Because Plaintiff makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. 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 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 3/3/22) (rdz) Transmission to Docket Assistant Clerk for processing.
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Filing 4
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account statements for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which he is transferred. The Clerk of Court is also directed to send a copy of this order to Plaintiff and note service on the docket. Finally, it is Plaintiff's obligation to promptly submit a written notification to the court if his address changes, and the court may dismiss the action if he fails to do so. (Signed by Judge Laura Taylor Swain on 2/24/2022) (vn) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case to the Superintendent of Bellevue Hospital Prison Ward at 462 First Avenue, New York, NY 10016. (kh) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Michael Nieves. (sac) |
| Filing 2 COMPLAINT against Laura Ward. Document filed by Michael Nieves. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Michael Nieves. (sac) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (aea) |
| Case Designated ECF. (sac) |
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| Plaintiff: Michael Nieves | |
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| Defendant: Laura Ward | |
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