Phelps v. United States of America
| Darryl Anthony Phelps |
| United States of America |
| 1:2023cv00318 |
| January 13, 2023 |
| 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 |
| None |
Docket Report
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This docket was last retrieved on March 21, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 AFFIRMATION/AFFIDAVIT of Darryl Phelps PURS. TO RULE 5(d)FED.R.CIV.PROC. Document filed by Darryl Anthony Phelps. (sc) |
| Filing 9 LETTER from Darryl Phelps, re: LETTER MOTION REQUESTING AN EXTENSION OF TIME TO AMEND COMPLAINT PURS. RULE 15, FED.R.CIV.PROC. etc.. Document filed by Darryl Anthony Phelps.(sc) |
| Filing 8 LETTER from Darryl Phelps, dated 2/13/23 re: "RULE 15, FED. RULE CIV. PROC. AMENDED COMPLAINT" - On 12/21/21 in the morning, Plaintiff was assaulted by the NYPD Police causing him to lose his hearing in his left ear. He now wears hearing aids to balance out the hearing in his right ear etc. Document filed by Darryl Anthony Phelps.(sc) |
| Filing 7 NOTICE OF APPEAL from #4 Order of Dismissal. Document filed by Darryl Anthony Phelps. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Affidavit Motion for IFP). (tp) |
| Appeal Fee Due: for #7 Notice of Appeal. Appeal fee due by 2/28/2023. (tp) |
| Appeal Remark as to #7 Notice of Appeal filed by Darryl Anthony Phelps. IFP Denied 01/24/2023. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #7 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #7 Notice of Appeal filed by Darryl Anthony Phelps were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 6 MOTION, Re: for Extension of Time to File Notice of Appeal. Document filed by Darryl Anthony Phelps.(sc) |
| MAILING RECEIPT: Document No: 4-5. Mailed to: Darryl Anthony Phelps 349-21-03725 Vernon C. Bain Center 1 Halleck Street Bronx, NY 10474. Mailed: (Attachments: # 1 PRO SE APPEAL PACKAGE) (dsh) |
Filing 5
CIVIL JUDGMENT: For the reasons stated in the January 24, 2023, 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 1/24/23) (Attachments: #1 PRO SE APPEAL PACKAGE) (rdz)
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Filing 4
ORDER OF DISMISSAL: The Court denies Plaintiff's request to proceed IFP, and dismisses this action without prejudice, under the PLRA's "three-strikes" filing bar. 28 U.S.C. 1915(g). Plaintiff remains barred from filing any federal civil action IFP while he is a prisoner unless he is under imminent danger of serious physical injury. 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 IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Court directs the Clerk of Court to enter judgment. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/24/23) (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. (sac) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Darryl Anthony Phelps..(rdz) |
| Filing 2 COMPLAINT against United States of America. Document filed by Darryl Anthony Phelps..(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Darryl Anthony Phelps..(rdz) |
| Case Designated ECF. (rdz) |
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| Plaintiff: Darryl Anthony Phelps | |
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