Rodriguez v. Blanding et al
| Dennis Rodriguez |
| S. Blanding, Department of Corrections, Sergeant Magby and Officer John Doe |
| 1:2022cv07288 |
| August 25, 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 December 5, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 7 APPLICATION TO PROCEED WITHOUT FULL PREPAYMENT OF FEES; AFFIDAVIT & AUTHORIZATION FORM. Document filed by Dennis Rodriguez.(sc) |
| Filing 6 AMENDED COMPLAINT against S. Blanding, John Doe, Sergeant Magby, Officer John Doe, re: amending #2 Complaint with JURY DEMAND.Document filed by Dennis Rodriguez. Related document: #2 Complaint.(sc) |
| MAILING RECEIPT: Document No: 5. Mailed to: Dennis Rodriguez 16-A-0904 Upstate Correctional Facility P.O. Box 2001 Malone, NY 12953. (kh) |
Filing 5
ORDER TO AMEND: Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within 60 days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 22-CV-7288 (LTS). An Amended Civil Rights Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, Plaintiff's Section 1983 claims will be dismissed based on Eleventh Amendment immunity and for failure to state a claim upon which relief may be granted, and the Court will decline to exercise supplemental jurisdiction of Plaintiff's state law claims, which will be dismissed without prejudice to his refiling them in state court. 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). SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/19/2022) (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..(aea) |
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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. 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 8/29/2022) (vn)
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| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Upstate Correctional Facility at 309 Bare Hill Road P.O. Box 2000 Malone, NY 12953. (dsh) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Dennis Rodriguez..(rdz) |
| Filing 2 COMPLAINT against S. Blanding, Department of Corrections. Document filed by Dennis Rodriguez..(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Dennis Rodriguez..(rdz) |
| Case Designated ECF. (rdz) |
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