Nieves v. Turchi
| Michael Nieves |
| David P. Turchi, Esq. |
| 1:2022cv01862 |
| March 3, 2022 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 28, 2022. A more recent docket listing may be available from PACER.
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| MAILING RECEIPT: Document No: 5-6. Mailed to: Michael Nieves NYSID:08896985Z B&C: 8952000392 09-09 Hazen Street East Elmhurst, NY 11370. (dsh) |
Filing 6
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed for failure to state a claim under 28 U.S.C. 1915(e)(2)(B)(ii). The Court declines to exercise supplemental jurisdiction over any state law claims that Plaintiff may be asserting. See 28 U.S.C. 1367(c)(3). 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. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/25/22) (Attachments: #1 PRO SE APPEAL PACKAGE) (rdz)
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Filing 5
ORDER OF DISMISSAL: The Court dismisses Plaintiff's Section 1983 claims for failure to state a claim on which relief may be granted under 28 U.S.C. 1915(e)(2)(B)(ii). The Court declines to exercise supplemental jurisdiction over any state law claims that Plaintiff may be asserting. See 28 U.S.C. 1367(c)(3). 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). SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/25/22) (rdz)
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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 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 3/9/2022) (vn) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (aea) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Michael Nieves. (sac) |
| Filing 2 COMPLAINT against David P. Turchi, Esq. Document filed by Michael Nieves. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Michael Nieves. (sac) |
| Case Designated ECF. (sac) |
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| Plaintiff: Michael Nieves | |
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| Defendant: David P. Turchi, Esq. | |
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