Nieves v. Turchi
Plaintiff: Michael Nieves
Defendant: David P. Turchi, Esq.
Case Number: 1:2022cv01384
Filed: February 18, 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 3, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 3, 2022 Mailed a copy of #5 Order Granting IFP Application in Prisoner Case to the Superintendent of Bellevue Hospital Prison Ward at 462 First Avenue, New York, NY 10016. (kh)
March 3, 2022 Mailed a copy of #4 Judgment - Sua Sponte (Complaint), #6 Order of Dismissal, and Notice of Appeal Instructions to Michael Nieves, NYSID: 08896985Z, B&C: 8952000392 at Bellevue Hospital Prison Ward, 462 First Avenue, New York, NY 10016. (kh)
March 2, 2022 Opinion or Order Filing 6 ORDER OF DISMISSAL: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Plaintiff's complaint, filed in forma pauperis under 28 U.S.C. 1915(a)(1), is dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(ii). The Court declines, under 28 U.S.C. 1367(c), to exercise supplemental jurisdiction of Plaintiff's state law claims. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/2/22) (rdz) Transmission to Docket Assistant Clerk for processing.
March 2, 2022 Opinion or Order Filing 5 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 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 Plaintiff 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 Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Laura Taylor Swain on 3/2/2022) (vn) Transmission to Docket Assistant Clerk for processing.
March 2, 2022 Opinion or Order Filing 4 CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed under 28 U.S.C. 1915(e)(2)(B)(ii). The Court declines, under 28 U.S.C. 1367(c), to exercise supplemental jurisdiction of Plaintiff's state law claims. 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 3/2/22) (rdz) Transmission to Docket Assistant Clerk for processing. (Additional attachment(s) added on 3/2/2022: #1 PRO SE APPEAL PACKAGE) (rdz).
February 18, 2022 Filing 3 PRISONER AUTHORIZATION. Document filed by Michael Nieves..(rdz)
February 18, 2022 Filing 2 COMPLAINT against David P. Turchi, Esq. Document filed by Michael Nieves..(rdz)
February 18, 2022 Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Michael Nieves..(rdz)
February 18, 2022 NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (aea)
February 18, 2022 Case Designated ECF. (rdz)

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Plaintiff: Michael Nieves
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Defendant: David P. Turchi, Esq.
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