Gentile v. Latona et al
| Joseph J. Gentile, Jr. |
| L. Latona, Edward Burnett, John Wood, Luis Gonzales and M. Feuz |
| 1:2022cv08411 |
| October 2, 2022 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 13 LETTER from J. Gentile, dated 11/18/22 re: Petitioner will submit a Writ of Habeas Corpus(petition) to this honorable Court in the most timely fashion under this case number. Petitioner assures this Court that a miscarriage of justic has occurred which will be made clear by the petition to be submitted on or before the sixty-day return date etc. Document filed by Joseph J. Gentile, Jr.(sc) |
| Filing 12 LETTER addressed to Judge Laura Taylor Swain from Joseph Gentile, Jr., dated 11/10/22 re: Pro Se plaintiff humbly requests an additional thirty days to amend this action, giving the pro se plaintiff until 12/20/22 to submit an amended 42:1983 action worthy of this honorable Court. Document filed by Joseph J. Gentile, Jr.(sc) |
| MAILING RECEIPT: Document No: 11. Mailed to: Joseph J. Gentile Jr. DIN:07A0255 6514 Rt. 26 P.O. Box 8451 Rome, NY 13442. (dsh) |
Filing 11
ORDER TO AMEND: Plaintiff is granted leave to file an amended civil rights complaint that complies with the standards set forth above, and, if he wishes to do so, a petition for a writ of habeas corpus under 28 U.S.C. 2254. Plaintiff must submit either (or both) of these pleadings to this Court's Pro Se Intake Unit within 60 days of the date of this order, and label the document(s) with docket number 22-CV-8411 (LTS). An Amended Civil Rights Complaint form and a Petition for a Writ of Habeas Corpus Under 28 U.S.C. 2254 form are attached to this order. No summons will issue, and no answer shall be required, at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the complaint will be dismissed for failure to state a claim upon which relief may be granted. 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, 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 11/14/22) (rdz)
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| MAILING RECEIPT: Document No: 10. Mailed to: Joseph J. Gentile Jr. DIN:07A0255 6514 Rt. 26 P.O. Box 8451 Rome, NY 13442. (dsh) |
| Mailed a copy of #10 Order Granting IFP Application in Prisoner Case, to the Warden/Superintendent of Mohawk Correctional Facility at 6514 Rt. 26 P.O. Box 8450 Rome, NY 13442 (dsh) |
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Filing 10
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 10/26/2022) (vn)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac) |
| Filing 9 CASE TRANSFERRED IN from the United States District Court - District of New York Western; Case Number: 1:21-cv-01100. Original file certified copy of transfer order and docket entries received. |
| Case Designated ECF. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba) |
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Filing 8
ORDER denying without prejudice #3 Motion to Appoint Counsel ; granting #6 Motion for Leave to Proceed in forma pauperis. The claims arising out of Gentile's confinement at Fishkill Correctional Facility are severed and transferred to the Southern District of New York. The Clerk shall remove Fishkill Correctional Facility Superintendent Edward Burnett, Deputy Superintendent for Programs John Wood and Assistant Deputy Superintendent for Programs Luis Gonzales from the docket as Defendants in the Western District action. Gentile is granted leave to file an amended complaint only as directed above within 60 days of the date of this order. If Gentile does not file an amended complaint as directed, the Court hereby certifies, pursuant 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and leave to appeal to the Court of Appeals as a poor person is denied. Signed by Hon. John L. Sinatra, Jr. on 9/20/2022. (KM)This was mailed to: Joseph J. Gentile, Jr. [Transferred from New York Western on 10/2/2022.]
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| Filing 7 Letter from Joseph J. Gentile, Jr., dated 11/1/2021, to Clerk of Court. (CGJ) [Transferred from New York Western on 10/2/2022.] |
| Filing 6 MOTION for Leave to Proceed in forma pauperis by Joseph J. Gentile, Jr. (Attachments: #1 Affidavit)(KM) [Transferred from New York Western on 10/2/2022.] |
| Filing 5 JUDGMENT that the Clerk of Court shall administratively terminate this action without filing the complaint or assessing a filing fee. Signed by Hon. John L. Sinatra, Jr. on 10/14/2021. (KM) [Transferred from New York Western on 10/2/2022.] |
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Filing 4
ORDER that the Clerk of Court shall administratively terminate this action without filing the complaint or assessing a filing fee. If Gentile wishes to reopen this action, he shall so notify this Court, in writing, no later than November 12, 2021. This writing must include either: (1) a properly supported motion to proceed in forma pauperis, along with the required certification of his inmate trust fund account(or the institutional equivalent) and authorization form; or (2) the $350.00 filing fee and the $52.00 administrative fee ($402.00 total): and it is further ordered that upon Gentile's submission of either the required documents or the filing fee, the Clerk of Court shall reopen this case. Signed by Hon. John L. Sinatra, Jr. on 10/14/2021. (KM) [Transferred from New York Western on 10/2/2022.]
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| Clerk mailed the Plaintiff a copy of documents #4,#5 and a blank motion to proceed in forma pauperis and authorization form. (KM) [Transferred from New York Western on 10/2/2022.] |
| Filing 3 MOTION to Appoint Counsel by Joseph J. Gentile, Jr.(KM) [Transferred from New York Western on 10/2/2022.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Joseph J. Gentile, Jr.(KM) [Transferred from New York Western on 10/2/2022.] |
| Filing 1 COMPLAINT against Edward Burnett, Luis Gonzales, L. Latona, John Wood, filed by Joseph J. Gentile, Jr. (Attachments: #1 Civil Cover Sheet)(KM) (Original document maintained in case file due to poor legibility.) [Transferred from New York Western on 10/2/2022.] |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (KM) [Transferred from New York Western on 10/2/2022.] |
| Plaintiff mailed Pro Se Packet which included: Privacy Notice, Consent to Proceed Before a Magistrate Judge, Civil Case Timeline. (KM) [Transferred from New York Western on 10/2/2022.] |
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