Evans v. Superintendent
| Clarence Evans |
| Superintendent |
| 1:2024cv00927 |
| January 31, 2024 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Laura Taylor Swain |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| MAILING RECEIPT: Document No: 6. Mailed to: Clarence Evans DIN:09A4652 Attica Correctional Facility P.O. Box 149 Attica, NY 14011-0149. (sha) |
Filing 6
ORDER: Because it is not clear that Plaintiff received the Court's February 8, 2024 order and attachments, the Court attaches that order and the attachments to this order and grants Plaintiff 30 days from the date of this order to (1) pay the fees or submit an IFP application and prisoner authorization; (2) complete and sign the attached amended complaint form; and (3) complete and sign the attached notice of motion form, asking that the Court vacate its March 20, 2024 order of dismissal and civil judgment. This case, at this time, remains closed until further action by the Plaintiff. SO ORDERED. (Signed by Chief Judge Laura Taylor Swain on 3/27/2024) (tg)
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| Filing 5 LETTER addressed to Pro-Se Intake from Clarence Evans dated 3/12/2024 re: New address and request for clarification..(kgo) |
| MAILING RECEIPT: Document No: 3-4. Mailed to: Clarence Evans DIN:09A4652 Sullivan Correctional Facility P.O. Box 116 Fallsburg, NY 12733-0116. (sha) |
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Filing 4
CIVIL JUDGMENT: For the reasons stated in the March 20, 2024, 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 Chief Judge Laura Taylor Swain on 3/20/2024) (Attachments: #1 Pro Se Appeal Package) (tg)
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Filing 3
ORDER OF DISMISSAL: By order dated February 8, 2024, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis ("IFP application") and prisoner authorization or pay the $405.00 in fees required to file a civil action in this court. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an IFP application and prisoner authorization or paid the fees. Accordingly, the complaint is dismissed without prejudice. See 28 U.S.C. 1914, 1915. 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). The Court directs the Clerk of Court to enter judgment. SO ORDERED. (Signed by Chief Judge Laura Taylor Swain on 3/20/2024) (tg)
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| MAILING RECEIPT: Document No: 2. Mailed to: Clarence Evans DIN:09A4652 Sullivan Correctional Facility P.O. Box 116 Fallsburg, NY 12733-0116. (nb) |
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Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION AND AMENDED COMPLAINT: 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. Plaintiff also is directed to complete and sign the attached amended complaint form. 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 3/11/2024. In Forma Pauperis (IFP) Application due by 3/11/2024. Prisoner Authorization Form due by 3/11/2024. Amended Complaint due by 3/11/2024. (Signed by Judge Laura Taylor Swain on 2/8/24) (Attachments: #1 Exhibit IFP application, #2 Exhibit prisoner authorization, #3 Exhibit amended complaint form) (asg)
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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) |
| Filing 1 COMPLAINT against Superintendent. Document filed by Clarence Evans. (sac) |
| Case Designated ECF. (sac) |
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