Barnes v. New York State
Jermaine Barnes |
New York State and Ann Marie Sullivan |
1:2023cv01138 |
February 8, 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 |
Plaintiff |
Docket Report
This docket was last retrieved on May 22, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 6 AMENDED COMPLAINT against Ann Marie Sullivan, Re: amending #2 Complaint with JURY DEMAND.Document filed by Jermaine Barnes. Related document: #2 Complaint.(sc) |
MAILING RECEIPT: Document No: 5. Mailed to: Jermaine Barnes ID#262251 NYS Department of Corrections Central NY Psychiatric Center P.O. Box 300 Marcy, NY 13403. (kh) |
Filing 5 ORDER OF DISMISSAL....Plaintiff's complaint, filed in forma pauperis under 28 U.S.C. 1915(a)(1), is dismissed based on the State of New York's Eleventh Amendment immunity. The Court directs the Clerk of Court not to enter judgment and to hold this matter open on the docket for 30 days to allow Plaintiff to replead these claims to seek prospective injunctive and declaratory relief, if appropriate. If Plaintiff chooses to file an amended complaint, it must be submitted to this Court's Pro Se Intake Unit within 30 days of the date of this order, be caption as an "Amended Complaint," and be labeled with docket number 23-CV-1138 (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, the Court will enter judgment in this action based on the State of New York's Eleventh Amendment immunity. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/22/23) (yv) |
Filing 4 LETTER from J. Barnes, dated 2/16/23 re: Please be advised that my correct address is the following: Jermaine Barnes, ID#262251, Central New York Psych. Center, P.O. Box 300, Marcy, NY 13403. Document filed by Jermaine Barnes.(sc) |
MAILING RECEIPT: Document No: 3. Mailed to: Jermaine Barnes 00-A-1274 NYS Department of Corrections Central NY Psychiatric Center P.O. Box 300 Marcy, NY 13403. (kh) |
Filing 3 ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 2/10/2023) (vn) |
NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac) |
Filing 2 COMPLAINT against New York State. Document filed by Jermaine Barnes..(rdz) |
Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jermaine Barnes..(rdz) |
Case Designated ECF. (rdz) |
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