Urena v. Roy et al
| Amaury V. Urena |
| Yana A. Roy, Darcel Clark and Alvarado |
| 1:2022cv02384 |
| March 22, 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 |
| None |
Docket Report
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This docket was last retrieved on May 17, 2022. A more recent docket listing may be available from PACER.
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| MAILING RECEIPT: Document No: 5-6. Mailed to: Amaury V. Urena NYSID:06036513J B&C: 2412102214 09-09 Hazen Street East Elmhurst, NY 11370. (kh) |
Filing 6
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that this action is dismissed. The Court construes Plaintiff's complaint as asserting claims for damages and injunctive relief under 42 U.S.C. 1983, as well as claims for habeas corpus relief under 28 U.S.C. 2241. The Court dismisses Plaintiff's claims under Section 1983 as frivolous, for failure to state a claim on which relief may be granted, and for seeking monetary relief from defendants who are immune from such relief. 28 U.S.C. 1915(e)(2)(B)(i), (ii), (iii). The Court dismisses Plaintiff's claims for habeas corpus relief under Section 2241 without prejudice. 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. Because Plaintiff's claims for habeas corpus relief make no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. (Signed by Judge Laura Taylor Swain on 5/16/2022) (Attachments: #1 Pro Se Appeal Package) (sac)
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Filing 5
ORDER OF DISMISSAL: The Court dismisses this action. The Court construes Plaintiff's complaint as asserting claims for damages and injunctive relief under 42 U.S.C. 1983, as well as claims for habeas corpus relief under 28 U.S.C. 2241. The Court dismisses Plaintiff's claims under Section 1983 as frivolous, for failure to state a claim on which relief may be granted, and for seeking monetary relief from defendants who are immune from such relief. 28 U.S.C. 1915(e)(2)(B)(i), (ii), (iii). The Court dismisses Plaintiff's claims for habeas corpus relief under Section 2241 without prejudice. 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). Because Plaintiff's claims for habeas corpus relief make no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. (Signed by Judge Laura Taylor Swain on 5/16/2022) (sac)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
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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 4/25/2022) (vn)
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Amaury V. Urena. (sac) |
| Filing 2 COMPLAINT against Alvarado, Darcel Clark, Yana A. Roy. Document filed by Amaury V. Urena. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Amaury V. Urena.(sac) |
| Case Designated ECF. (sac) |
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