Estrada v. Eric M. Taylor Center Warden et al
| Elijah David Estrada |
| Rikers Island, Eric M. Taylor Center Warden, Department of Corrections Warden, Department of Correction and New York City |
| 1:2023cv11321 |
| December 27, 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 April 29, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| MAILING RECEIPT: Document No: 4-5. Mailed to: Elijah David Estrada NYSID:1269990P B&C#: 4412303064 10-10 Hazen Street East Elmhurst, NY 11370. (sha) |
| Received returned mail re: #4 Order Granting IFP Application in Prisoner Case. Mail was addressed to Elijah David Estrada 1296999 Rikers Island:EMTC 10-10 Hazen Street East Elmhurst, NY 11370 and was returned for the following reason(s): Return to Sender, Refused, Unable to Forward. (vn) |
| MAILING RECEIPT: Document No: 5. Mailed to: Elijah David Estrada 1296999 Rikers Island:EMTC 10-10 Hazen Street East Elmhurst, NY 11370. (nb) |
Filing 5
ORDER TO AMEND: The Court dismisses Plaintiff's claims against Rikers Island and the New York City Department of Correction. See 28 U.S.C. 1915(e)(2)(B)(ii). Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an Amended Complaint, and label the document with docket number 23-CV-11321 (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 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). Rikers Island (New York City), Department of Correction and New York City terminated. (Signed by Judge Laura Taylor Swain on 1/29/2024) (rro)
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| 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: 4. Mailed to: Elijah David Estrada 1296999 Rikers Island:EMTC 10-10 Hazen Street East Elmhurst, NY 11370. (mt) |
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Filing 4
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 Plaintiffs 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 Plaintiffs obligation to promptly submit a written notification to the Court if Plaintiffs address changes, and the Court may dismiss the action if Plaintiff fails to do so. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/5/2024) (sha)
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Elijah David Estrada..(rdz) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Elijah David Estrada..(rdz) |
| Filing 1 COMPLAINT against Department of Corrections Warden, Eric M. Taylor Center Warden, Rikers Island. Document filed by Elijah David Estrada..(rdz) Modified on 1/2/2024 (rdz). |
| Case Designated ECF. (rdz) |
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