Garland v. Clinton Correctional Facility
| Tamarkqua Garland |
| Correction Officer Covington, Correction Officer Perrone, Captain Pines and The City of New York |
| 1:2022cv10947 |
| December 27, 2022 |
| U.S. 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 |
| None |
Docket Report
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This docket was last retrieved on June 22, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 Original Signature Received from Tamarkqu Garland re: #8 Amended Complaint. (sc) |
Filing 9
ORDER DIRECTING ORIGINAL SIGNATURE: Plaintiff is directed to submit a signed signature page 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). Signature Page due by 2/27/2023. (Signed by Judge Laura Taylor Swain on January 27, 2023) (Attachments: #1 Signature Page) (jjg) Transmission to Docket Assistant Clerk for processing.
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| MAILING RECEIPT: Document No: 9. Mailed to: Tamarkqua Garland 15-A-2152 Clinton Correctional Facility 1156 Rt. 374-POB 2001 Dannemora, NY 12909. (dsh) |
| Pro Se Payment of Fee Processed: $402.00 Check processed by the Finance Department on 01/27/2023, Receipt Number 11728. (stt) |
| Filing 8 AMENDED COMPLAINT, Re: amending #2 Complaint against Covington, Perrone, Pines, The City of New York.Document filed by Tamarkqua Garland. Related document: #2 Complaint.(sc) |
| Filing 7 LETTER from T. Garland, dated 1/24/23 re: PAID IN FULL THE AMOUNT OF $402.00. FILING FEES $350.00 PLUS $52.00 ADMINISTRATIVE FEE. To Pro Se Unit, Please cancel IFP application form and prisoner authorization form. Document filed by Tamarkqua Garland.(sc) |
| Case Designated Local Rule 33.2. (jjg) |
| Filing 6 PRISONER AUTHORIZATION. Document filed by Tamarkqua Garland.(sc) |
| Filing 5 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Tamarkqua Garland.(sc) |
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Filing 4
ORDER DIRECTING PAYMENT OF FEES 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 2/3/2023. In Forma Pauperis (IFP) Application due by 2/3/2023. Prisoner Authorization Form due by 2/3/2023. (Signed by Judge Laura Taylor Swain on 1/4/2023) (sha)
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| MAILING RECEIPT: Document No: 4. Mailed to: Tamarkqua Garland 15-A-2152 Clinton Correctional Facility 1156 Rt. 374-POB 2001 Dannemora, NY 12909. (dsh) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
| MAILING RECEIPT: Document No: 1. Mailed to: Tamarkqua Garland 15-A-2152 Clinton Correctional Facility 1156 Rt. 374-POB 2001 Dannemora, NY 12909. (dsh) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Tamarkqua Garland..(rdz) |
| Filing 2 COMPLAINT against Covington, Perrone, Pines, The City of New York. Document filed by Tamarkqua Garland..(rdz) |
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Filing 1
(DUPLICATE ORIGINAL) ORDER: The habeas petition, under 28 U.S.C. 2254, challenging Plaintiff's 2015 conviction will proceed under this docket number, 22-CV-8712 (LTS). The Court severs Plaintiff's civil rights claims and directs the Clerk of Court to (1) treat pages 5 and 6 of the letter from Plaintiff dated December 6, 2022, as a civil rights complaint under 42 U.S.C. 1983 and file it in a new civil action, naming as Correction Officer Covington (Shield #17730), Correction Officer Perrone (Shield #17433), Captain Pines, and the City of New York as defendants; (2) refile the prisoner authorization (ECF 9) in the new civil action; and (3) docket a copy of this order in the new civil action. 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 12/27/22) (rdz)
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| Case Designated ECF. (rdz) |
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