Dubose v. Walden et al
| Tyrek Dubose |
| C.O. Walden, C.O. Drexler, C.O. Mitchell, C.O. Reed, C.O. Hands, John Doe 1, C.O. John Doe 2 and C.O. K. Lopez |
| 1:2022cv05783 |
| July 5, 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 August 24, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| MAILING RECEIPT: Document No: 3-4. Mailed to: Tyrek Dubose DIN:13A1742 594 Rt. 216 P.O. Box 4000 Stormville, NY 12585. (kh) |
Filing 4
CIVIL JUDGMENT: For the reasons stated in the August 22, 2022, order, this action is dismissed. 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 8/22/22) (rdz) (Additional attachment(s) added on 8/25/2022: #1 PRO SE APPEAL PACKAGE) (rdz).
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Filing 3
ORDER OF DISMISSAL: By order dated July 11, 2022, the Court directed Plaintiff to to either pay the $400.00 in fees that are required to file a civil action in this court or submit a completed request to proceed in forma pauperis ("IFP application") and prisoner authorization within 30 days. On August 4, 2022, the order was returned to the Court with a notation on the envelope indicating that Plaintiff is no longer held at that facility. Plaintiff has not complied with the Courts order, has failed to notify the Court of a change of mailing address, and has not initiated any further contact with the Court, written or otherwise. Accordingly, Plaintiff's complaint, filed IFP pursuant to 28 U.S.C. 1915(a)(1), is dismissed without prejudice. See 28 U.S.C. 1914, 1915. 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. Cf. Coppedge v. United States, 369 U.S. 438, 44445 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is directed to issue judgment in this case. SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/22/22) (rdz)
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| Received returned mail re: #2 Order Directing Payment of Fee or IFP Application & Prisoner Authorization. Mail was addressed to Tyrek Dubose, DIN:13A1742, 594 Rt. 216, P.O. Box 4000, Stormville, NY 12585 and was returned for the following reason(s): Return To Sender Undeliverable As Addressed Unable To Forward, NO LONGER HERE. (vn) |
| MAILING RECEIPT: Document No: 2. Mailed to: Tyrek Dubose DIN:13A1742 594 Rt. 216 P.O. Box 4000 Stormville, NY 12585. (kh) |
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Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 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). Filing Fee due by 8/10/2022. In Forma Pauperis (IFP) Application due by 8/10/2022. Prisoner Authorization Form due by 8/10/2022. (Signed by Judge Laura Taylor Swain on 7/11/22) (Attachments: #1 Supplement ifp, #2 Supplement plra) (bl)
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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 1 COMPLAINT against John Doe 1, John Doe 2, Drexler, Hands, K. Lopez, Mitchell, Reed, Walden. Document filed by Tyrek Dubose. (sac) |
| Case Designated ECF. (sac) |
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