Greenland v. United States of America et al
| Ronald C. Greenland |
| United States of America and The Westchester Correctional Center |
| 1:2022cv04974 |
| June 13, 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 August 4, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 AMENDED COMPLAINT against United States of America, re: amending #2 Complaint with JURY DEMAND.Document filed by Ronald C. Greenland. Related document: #2 Complaint.(sc) |
| MAILING RECEIPT: Document No: 6. Mailed to: Ronald C. Greenland DIN:18A0969 P.O. Box 149 Attica, NY 14011-0149. (kh) |
Filing 6
ORDER OF DISMISSAL: The Court dismisses Plaintiff's claim under 42 U.S.C. 1983 against Westchester Correctional Center on the ground that this entity lacks the capacity to be sued. The Court dismisses Plaintiff's FTCA claim against the United States based on sovereign immunity. 28 U.S.C. 1915(e)(2)(B)(iii). The Clerk of Court is directed not to enter judgment and to hold this matter open on the docket for 30 days in order to provide Plaintiff an opportunity to file an amended complaint as set forth herein. If Plaintiff wishes to file an amended complaint, he must submit it to this Court's Pro Se Intake Unit within 30 days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 22-CV-4974 (LTS). An Amended Complaint form is attached to this order. No summons will issue at this time. If Plaintiff does not file an amended complaint within the time allowed, the Court will enter judgment as set forth herein. 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (The Westchester Correctional Center and United States of America terminated.) (Signed by Judge Laura Taylor Swain on 7/11/2022) (sac)
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| MAILING RECEIPT: Document No: 3, 5. Mailed to: Ronald C. Greenland DINNo.18-A-0969 Attica Correctional Facility P.O. Box 149 Attica, NY 14011-0149. (kh) Modified on 6/16/2022 (kh). |
| Mailed a copy of #5 Order Granting IFP Application in Prisoner Case, #3 Prisoner Authorization to the Superintendent of Attica Correctional Facility at P.O. Box 149, Attica, NY 14011-0149. (kh) |
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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. 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 6/15/2022) (vn) (Main Document 5 replaced on 6/16/2022) (nb).
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (laq) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS re: #2 Complaint. Document filed by Ronald C. Greenland..(rdz) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Ronald C. Greenland..(rdz) |
| Filing 2 COMPLAINT against The Westchester Correctional Center, United States of America. Document filed by Ronald C. Greenland..(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Ronald C. Greenland..(rdz) |
| Case Designated ECF. (rdz) |
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