Walker v. Capra et al
| Gerald Walker |
| Michael Capra, DSS Thorpe, Superintendent Uhler, DSS Bishop, SORC Manuel, Velez, Commissioner Anthony Annucci, Demers, Captain John Doe and Captain Dixon |
| 1:2022cv07638 |
| September 6, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Laura Taylor Swain |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Received e-mail from the United States District Court - Northern District of New York acknowledging receipt of transferred case. Assigned Case Number: 9:22-cv-01133, filed on 11/01/2022. (sgz)
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MAILING RECEIPT: Document No: 7. Mailed to: Gerald Walker DIN:98A2082 P.O. Box 2001 Malone, NY 12953. (dsh)
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PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Superintendent Uhler, Deputy Superintendent of Programs Demers, "DSS Bishop, Captain John Doe only, from the U.S.D.C. Southern District of New York to the United States District Court - Northern District of New York.(rdz)
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Filing 7
ORDER TO AMEND: The Court severs from this action Plaintiff's claims, against Superintendent Uhler, Deputy Superintendent of Programs Demers, "DSS Bishop," and Captain John Doe (the "Upstate defendants"), arising at Upstate Correctional Facility. The Clerk of Court is directed to transfer the claims against the Upstate defendants to the United States District Court for the Northern District of New York. As to the remaining claims arising at Sing Sing, 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-7638 (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 for failure to state a claim, with the exception of Plaintiff's due process claim. 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 10/24/22) (rdz) Transmission to Office of the Clerk of Court for processing.
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MAILING RECEIPT: Document No: 6. Mailed to: Gerald Walker DIN:98A2082 P.O. Box 2001 Malone, NY 12953. (kh)
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MAILING RECEIPT: Document No: 6. Mailed to: Superintendent, Upstate Correctional Facility, P.O. Box 2001, Malone, NY 12953 (kh) Modified on 9/23/2022 (kh).
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Filing 6
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 9/22/2022) (vn)
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Filing 5
PRISONER AUTHORIZATION. Document filed by Gerald Walker.(sc)
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Filing 4
LETTER addressed to Judge Laura Taylor Swain from Gerald Walker, re: The Grievance Staff has been preventing me from exhausting my administrative remedies numerous times and, although I appeal to CORC, it is very rare that a final determination is given or, that that determination is reflective of the facts complained about. So, I am sending the Poor Person's Papers for my 22cv7638(LTS) because I want the opportunity to be heard. Document filed by Gerald Walker.(sc)
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Filing 3
APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Gerald Walker.(sc)
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MAILING RECEIPT: Document No: 2. Mailed to: Gerald Walker DIN:98A2082 P.O. Box 2001 Malone, NY 12953. (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 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 10/11/2022. In Forma Pauperis (IFP) Application due by 10/11/2022. Prisoner Authorization Form due by 10/11/2022. (Signed by Judge Laura Taylor Swain on 9/8/2022) (sha)
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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 1
COMPLAINT against Anthony Annucci, Bishop, Michael Capra, Demers, Dixon, John Doe, Manuel, Thorpe, Uhler, Velez. Document filed by Gerald Walker. (sac)
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Case Designated ECF. (sac)
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