Bello v. Long

Bello v. Long

Plaintiff:	Humberto Bello
Defendant:	B. Long
Case Number:	1:2015cv02148
Filed:	March 19, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Sullivan
Presiding Judge:	Loretta A. Preska
Nature of Suit:	Prison Condition
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
September 28, 2017	Filing 87 OPINION AND ORDER re: 68 MOTION for Summary Judgment . filed by B. Long. The motion for summary judgement is GRANTED. The Clerk is instructed to terminate the motion (Doc. #68) and close this case. 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). So Ordered. (Signed by Judge Vincent L. Briccetti on 9/28/17) (yv)
April 25, 2016	Filing 37 OPINION AND ORDER re: 30 MOTION a. filed by Humberto Bello, 23 MOTION to Dismiss the Amended Complaint. filed by B. Long. Defendant's motion to dismiss is GRANTED. Plaintiff is granted leave to file a second amended com plaint, which must be filed by June 6, 2016, using the Second Amended Complaint form attached hereto. The completed Second Amended Complaint form must be mailed to the Pro Se Clerk at the United States Courthouse, 300 Quarropas Street, White Plain s, New York 10601. If plaintiff does not file a second amended complaint by June 6, 2016, this case will be dismissed with prejudice. By separate order, the Court will schedule a telephone case management conference for a date in the near future. At the conference, the parties shall be prepared to discuss whether it may be more efficient for plaintiff to withdraw this case without prejudice, after which he could fully exhaust his administrative remedies and then, if appropriate, re-file t he case. If plaintiff is willing to withdraw the case without prejudice in order to fully exhaust his administrative remedies, the Court will expect defendant to agree that the time for plaintiff to administratively exhaust has not expired. The Cle rk is instructed to terminate the motion. (Docs. ##23, 30). 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). ( Amended Pleadings due by 6/6/2016.) (Signed by Judge Vincent L. Briccetti on 4/25/2016) Copies Mailed By Chambers. (rj)

Date Filed

Document Text

September 28, 2017

Filing 87 OPINION AND ORDER re: 68 MOTION for Summary Judgment . filed by B. Long. The motion for summary judgement is GRANTED. The Clerk is instructed to terminate the motion (Doc. #68) and close this case. 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). So Ordered. (Signed by Judge Vincent L. Briccetti on 9/28/17) (yv)

April 25, 2016

Filing 37 OPINION AND ORDER re: 30 MOTION a. filed by Humberto Bello, 23 MOTION to Dismiss the Amended Complaint. filed by B. Long. Defendant's motion to dismiss is GRANTED. Plaintiff is granted leave to file a second amended com plaint, which must be filed by June 6, 2016, using the Second Amended Complaint form attached hereto. The completed Second Amended Complaint form must be mailed to the Pro Se Clerk at the United States Courthouse, 300 Quarropas Street, White Plain s, New York 10601. If plaintiff does not file a second amended complaint by June 6, 2016, this case will be dismissed with prejudice. By separate order, the Court will schedule a telephone case management conference for a date in the near future. At the conference, the parties shall be prepared to discuss whether it may be more efficient for plaintiff to withdraw this case without prejudice, after which he could fully exhaust his administrative remedies and then, if appropriate, re-file t he case. If plaintiff is willing to withdraw the case without prejudice in order to fully exhaust his administrative remedies, the Court will expect defendant to agree that the time for plaintiff to administratively exhaust has not expired. The Cle rk is instructed to terminate the motion. (Docs. ##23, 30). 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). ( Amended Pleadings due by 6/6/2016.) (Signed by Judge Vincent L. Briccetti on 4/25/2016) Copies Mailed By Chambers. (rj)

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