Gardner v. Hochul et al
| Phillip Jerome Gardner |
| Ms. Kathy Hochul, Dr. Carl J. Koeigsman, Dept. of Corrections and Ex-Governor Andrew M. Cuomo |
| 7:2021cv10185 |
| November 30, 2021 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 2, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 AMENDED COMPLAINT, re: amending #2 Complaint against Andrew M. Cuomo, Dept. of Corrections, Carl J. Koeigsman with JURY DEMAND.Document filed by Phillip Jerome Gardner. Related document: #2 Complaint.(sc) |
| Filing 9 LETTER addressed to Judge Philip M. Halpern from P. Gardner, dated 1/3/22 re: I am writing you this letter to let you know I did my best in the Amended Complaint etc. I am requesting for a lawyer from this Court. I do not want a pro-bono attorney. I want a pay lawyer, and I am willing to pay the lawyer 33 percent out of my winnings if I win.. Document filed by Phillip Jerome Gardner.(sc) |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Phillip Jerome Gardner, DIN: 00A1955 at Green Haven Correctional Facility, P.O. Box 4000, Stormville, NY 12582 on 12/29/2021. (sha) |
| Filing 8 LETTER from P. Gardner dated 12/17/21 re: I am writing you this letter respectfully concerning my new case (1983) that I submitted to this Court in Novermbe, and I have not heard from the Court yet. Please send me a docket sheet. Document filed by Phillip Jerome Gardner.(sc) |
| Request for Copy of the updated Docket Sheet Received: Re #8 Letter. Request for Docket Report, from Phillip Gardner received on 12/28/21. Transmission to Pro Se Assistants for processing. (sc) |
Filing 7
ORDER TO AMEND: 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 21-CV-10185 (PMH). 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 in forma pauperis 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 Clerk of the Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Philip M. Halpern on 12/21/2021) (jca) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #7 Order to Phillip Jerome Gardner, DIN: 00A1955 at Green Haven Correctional Facility, P.O. Box 4000, Stormville, NY 12582. (kh) |
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Filing 5
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 Plaintiff's 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. The Clerk of Court is also directed to send a copy of this order to Plaintiff and note service on the docket. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Laura Taylor Swain on 12/1/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Philip M. Halpern. Judge Unassigned is no longer assigned to the case..(wb) |
| Magistrate Judge Andrew E. Krause is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb) |
| Mailed a copy of #5 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Green Haven Correctional Facility, P.O. Box 4000, Stormville, NY 12582. (dsh) |
| Filing 4 LETTER from Phillip Jerome Gardner dated 11/16/2021 re: Three Strike Rule. Document filed by Phillip Jerome Gardner. (sac) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Phillip Jerome Gardner. (sac) |
| Filing 2 COMPLAINT against Kathy Hochul, Carl J. Koeigsman. Document filed by Phillip Jerome Gardner. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Phillip Jerome Gardner. (sac) |
| Case Designated ECF. (sac) |
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