Thompson v. Quilty et al
| Kwaine Thompson |
| Detective James Quilty, Detective John Doe #1, Detective John Doe #2, Gina Ransdell and The City of New York |
| 1:2023cv03170 |
| April 12, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| 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 July 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Re-mailed a copy of #3 Order Directing Payment of Fee or IFP Application & Prisoner Authorization to Kwaine Thompson, #23B0962 at Mid-State Correctional Facility, P.O. Box 2500, Marcy, NY 13403-0216. (kh) |
| Received returned mail re: #3 Order Directing Payment of Fee or IFP Application & Prisoner Authorization. Mail was addressed to Kwaine Thompson, #23B0962, P.O. Box 500, Elmira, NY 14902 and was returned for the following reason(s): RTS. (vn) |
| MAILING RECEIPT: Document No: 3. Mailed to: Kwaine Thompson #23B0962 P.O. Box 500 Elmira, NY 14902. (kh) |
Filing 3
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Within 30 days of the date of this order, Plaintiff must either pay the $402.00 in fees or submit the attached IFP application and prisoner authorization. If Plaintiff submits the IFP application and prisoner authorization, they should be labeled with docket number 23-CV-3170 (LTS). No summons shall issue at this time. If Plaintiff complies with this order, the case shall be processed in accordance with the procedures of the Clerks Office. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed without prejudice. 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, 44445 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. Filing Fee due by 5/18/2023. In Forma Pauperis (IFP) Application due by 5/18/2023. Prisoner Authorization Form due by 5/18/2023. (Signed by Judge Laura Taylor Swain on 4/18/2023) (sha)
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| MAILING RECEIPT: Document No: 1. Mailed to: Kwaine Thompson #23B0962 P.O. Box 500 Elmira, NY 14902. (kh) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sgz) |
| Filing 2 COMPLAINT against John Doe #1, John Doe #2, James Quilty, Gina Ransdell, The City of New York. Document filed by Kwaine Thompson. (sac) |
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Filing 1
ORDER TO AMEND: Plaintiff is granted leave to file a second amended complaint that complies with the standards set forth above. Plaintiff must submit the second amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "Second Amended Complaint," and label the document with docket number 22-CV-7222 (LTS). A Second 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 complaint will be dismissed for failure to state a claim upon which relief may be granted. The Court directs the Clerk of Court to open a new civil action and include as the defendants: Detective James Quilty, John Doe Detective #1, John Doe Detective #2, Gina Ransdell, and the City of New York. The Court also directs the Clerk of Court to file the original complaint from this action, and a copy of this order, in the new civil action. The Court dismisses all claims brought against Defendants Caitlyn and Breen because they seek monetary relief against a defendant who is immune from such relief, 28 U.S.C. 1915(e)(2)(b)(iii), and, consequently, as frivolous, 28 U.S.C. 1915(e) (2)(B)(i). Plaintiffs request for preliminary injunctive relief (ECF 8) is denied. 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 4/12/2023) (sac)
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| Case Designated ECF. (sac) |
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