Bentely v. Thomas et al
| Garfield D. Bentely |
| John Thomas, David Hoovler, Orange County Court and City of Newburgh |
| 1:2022cv08215 |
| September 26, 2022 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 25, 2022. A more recent docket listing may be available from PACER.
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| MAILING RECEIPT: Document No: 5-6. Mailed to: Garfield D. Bentely 17-A-4340 Elmira C.F. P.O. Box 500 Elmira, NY 14902-0500. (dsh) |
Filing 6
CIVIL JUDGMENT: For the reasons stated in the October 24, 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 10/24/22) (rdz) (Additional attachment(s) added on 10/24/2022: #1 PRO SE APPEAL PACKAGE) (rdz).
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Filing 5
ORDER OF DISMISSAL: The Court dismisses this action. The Court, however, grants Plaintiff 30 days' leave to file an amended complaint. If Plaintiff fails to file an amended complaint within the time allowed, and cannot show good cause as to why such failure should be excused, the Court will direct the Clerk of Court to enter judgment dismissing this action for the reasons set forth in this order and for failure to state a claim on which relief may be granted. Fed. R. Civ. P. 12(h)(3); see 28 U.S.C. 1915(e)(2)(B)(ii), (iii). An amended complaint form is attached to this order. Any amended complaint filed should list docket number "1:22-CV-7201 (LTS)" on its first page. 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). SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/24/22) (rdz)
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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) |
| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Elmira Correctional Facility at 1879 Davis St, P.O. Box 500, Elmira, NY 14901-0500. (dsh) |
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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 9/27/2022) (sha)
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Garfield D. Bentely..(rdz) |
| Filing 2 COMPLAINT against City of Newburgh, David Hoovler, Orange County Court, John Thomas. Document filed by Garfield D. Bentely. (Attachments: #1 Exhibit 1).(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Garfield D. Bentely..(rdz) |
| Case Designated ECF. (rdz) |
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