Thomas v. Keyser et al
| James Thomas |
| Officer Bennett, Jane and John Does 1 through 20 and Doctor Janice Wolf |
| 7:2018cv06305 |
| July 12, 2018 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 18 CASE TRANSFERRED IN from the United States District Court - District of New York Western; Case Number: 6:17-cv-06203. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Case electronically transferred to the Southern District of New York. (JHF) [Transferred from New York Western on 7/12/2018.] |
Filing 17
ORDER that plaintiff's Section 1983 claims arising from events that occurredat Wende Correctional Facility are dismissed with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) and 1915A. Plaintiff's state common law assault and negligence claims are dismissed without prejudice. This action is transferred to the U.S. District Court for the Southern District of New York. Clerk directed to terminate defendants Johnson and Ball as parties to this action. Any appeal from this Order would not be taken in good faith and that leave to appeal to the Court of Appeals as a poor person is denied. Signed by Hon. Frank P. Geraci, Jr. on 5/15/18. Copy of order mailed to pro se plaintiff. (JHF) [Transferred from New York Western on 7/12/2018.]
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| Filing 16 AMENDED COMPLAINT against Ball, Bennett, Jane and John Does 1 through 20, Johnson, Janice Wolf, filed by James Thomas.(TF) [Transferred from New York Western on 7/12/2018.] |
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Filing 15
ORDER granting #10 Motion for Leave to Proceed in forma pauperis; denying without prejudice #11 Motion to Appoint Counsel. Plaintiff's claims against Defendants Keyser and Eggler are dismissed with prejudice. Plaintiff may file a second amended complaint within 45 days of the date of this Order. The second amended complaint must include all of the allegations against each remaining Defendant so that it may stand alone as the sole complaint in this action that Defendants must answer. If Plaintiff does not file a second amended complaint, the Amended Complaint is dismissed with prejudice and the Clerk shall close this case without further order. Any appeal from this Order would not be taken in good faith and leave to appeal to the Court of Appeals as a poor person is denied. Requests to proceed on appeal as a poor person should be directed on motion to the United States Court of Appeals for the Second Circuit. Signed by Hon. Frank P. Geraci, Jr. on 12/22/17. Copy of order mailed to pro se plaintiff. (JHF) [Transferred from New York Western on 7/12/2018.]
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| Filing 14 Letter from James Thomas, dated 12/5/17 (mailed plaintiff status update letter) (TF) [Transferred from New York Western on 7/12/2018.] |
| Filing 13 Letter from James Thomas, dated 8/7/17, to Clerk of Court (mailed plaintiff status update letter) (TF) [Transferred from New York Western on 7/12/2018.] |
| Filing 12 AMENDED COMPLAINT against Gina Eggler, Johnson, William Keyser, Janice Wolf, Bennett, Jane and John Does 1 through 20, Ball, filed by James Thomas. (Attachments: #1 Exhibit, #2 envelope)(TF) [Transferred from New York Western on 7/12/2018.] |
| Filing 11 MOTION to Appoint Counsel by James Thomas.(TF) [Transferred from New York Western on 7/12/2018.] |
| Filing 10 MOTION for Leave to Proceed in forma pauperis by James Thomas.(TF) [Transferred from New York Western on 7/12/2018.] |
| Filing 9 JUDGMENT administratively terminating the case. Signed by Clerk on 5/12/17. (JHF) [Transferred from New York Western on 7/12/2018.] |
| Remark: copy of #8 order, #9 judgment, and a new form motion to proceed in forma pauperis with supporting affirmation mailed to plaintiff. (JHF) [Transferred from New York Western on 7/12/2018.] |
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Filing 8
ORDER denying #1 REQUEST TO PROCEED IN FORMA PAUPERIS. Clerk directed to administratively terminate this case. If plaintiff wishes to reopen this action, he shall notify the Court in writing no later than 30 days from the date of this order. Plaintiff's writing shall include either (1) a signed Prison Authorization and new motion to proceed in forma pauperis that includes a completed and signed Prison Certification, or (2) the $400.00 filing fees; upon plaintiffs submission of either, Clerk shall re-open this case. Clerk directed to send to plaintiff a new form motion to proceed in forma pauperis with supporting affirmation. Signed by Hon. Frank P. Geraci, Jr. on 5/9/17. (JHF) [Transferred from New York Western on 7/12/2018.]
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| Filing 7 First AMENDED COMPLAINT (not signed by pro se plaintiff) against All Defendants, filed by James Thomas. (JHF) [Transferred from New York Western on 7/12/2018.] |
| Filing 6 Case transferred in from District of New York Southern; Case Number 1:17-cv-00538. [Transferred from New York Western on 7/12/2018.] |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. Form mailed to plaintiff. (TF) [Transferred from New York Western on 7/12/2018.] |
| Mailed a copy of #5 Transfer Order (case opening only)to James Thomas, 05-A-3559, Sullivan Correctional Facility, P.O. Box 116, Fallsburg, NY 12733. (rro) [Transferred from nysd on 4/6/2017.] [Transferred from New York Western on 7/12/2018.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Western District of New York. (sac) [Transferred from nysd on 4/6/2017.] [Transferred from New York Western on 7/12/2018.] |
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Filing 5
TRANSFER ORDER: The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Western District of New York. Whether Plaintiff should be permitted to proceed further without payment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes 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). (Signed by Judge Colleen McMahon on 3/29/2017) (sac) [Transferred from nysd on 4/6/2017.] [Transferred from New York Western on 7/12/2018.]
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| NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (sac) [Transferred from nysd on 4/6/2017.] [Transferred from New York Western on 7/12/2018.] |
| Transmission to Docket Assistant Clerk. Transmitted re: #5 Transfer Order (case opening only), to the Docket Assistant Clerk for case processing. (sac) [Transferred from nysd on 4/6/2017.] [Transferred from New York Western on 7/12/2018.] |
| Filing 4 LETTER from James Thomas, dated 3/8/17 re: Plaintiff requests that the Court provide him with the status of his case. Document filed by James Thomas.(sc) [Transferred from nysd on 4/6/2017.] [Transferred from New York Western on 7/12/2018.] |
| Filing 3 PRISONER AUTHORIZATION. Document filed by James Thomas.(rdz) [Transferred from nysd on 4/6/2017.] [Transferred from New York Western on 7/12/2018.] |
| Filing 2 COMPLAINT against Gina Eggler, John Doe, Wende Corr. Facility, Johnson, William Keyser. Document filed by James Thomas.(rdz) [Transferred from nysd on 4/6/2017.] [Transferred from New York Western on 7/12/2018.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by James Thomas.(rdz) [Transferred from nysd on 4/6/2017.] [Transferred from New York Western on 7/12/2018.] |
| Case Designated ECF. (rdz) [Transferred from nysd on 4/6/2017.] [Transferred from New York Western on 7/12/2018.] |
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