Smith v. John Doe C.O. et al
| Willie Smith |
| John Doe C.O., John Doe Watch Commander, John Doe Commissioner of Department of Corrections and John Doe Superintendent |
| 1:2021cv00157 |
| January 28, 2021 |
| US District Court for the Western District of New York |
| Lawrence J Vilardo |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 15, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 9
ORDER that the Clerk of Court shall administratively terminate this action without filing the complaint or assessing a filing fee; that the Clerk of Court shall send to plaintiff a form motion to proceed in forma pauperis with supporting affirmation; that 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; that upon plaintiff's submission of either (a) the required certification of the plaintiff's inmate trust fund account (or the institutional equivalent) or (b) the $350.00 filing fee and the $52.00 administrative fee ($402.00 total), the Clerk of Court shall reopen the case; that if plaintiff does not reopen this action within 30 days of this order, the action is dismissed without prejudice, and the Clerk of Court shall shall close the case. Signed by Hon. Lawrence J. Vilardo on 3/15/2021. (JLV) Copy mailed to pro se plaintiff with form motion to proceed in forma pauperis and authorization.
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| Filing 8 Letter from Willie Smith dated 2/18/2021. (JLV) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis by Willie Smith. (JLV) |
| Filing 6 JUDGMENT in favor of John Doe C.O., John Doe Commissioner of Department of Corrections, John Doe Superintendent, John Doe Watch Commander against Willie Smith. Signed by Mary C. Loewenguth, Clerk of Court on 2/3/2021. (JLV) Copy mailed to pro se plaintiff. |
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Filing 5
ORDER that the Clerk of Court shall administratively terminate this action without filing the complaint or assessing a filing fee; that the Clerk of Court shall send to plaintiff a form motion to proceed in forma pauperis with supporting affirmation; that 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; that upon plaintiff's submission of either (a) a complete motion to proceed in forma pauperis along with the required certification and authorization form, or (b) the $350.00 filing fee and the $52.00 administrative fee ($402.00 total), the Clerk of Court shall reopen the case. Signed by Hon. Lawrence J. Vilardo on 2/3/2021. (JLV) Copy mailed to pro se plaintiff with a form motion to proceed in forma pauperis and authorization.
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| Filing 4 Case transferred in from District of New York Southern; Case Number 1:20-cv-11048. |
| 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. (JD) |
| Remark: Pro Se Packet mailed to Petitioner which included: Privacy Notice, Consent to Proceed Before a Magistrate Judge & Civil Case Timeline. (JD) |
| Mailed a copy of #3 Order to Willie Smith, 2020-01338 at Orange County Jail, 110 Wells Farm Road, Goshen, NY 10924. (kh) [Transferred from nysd on 1/28/2021.] |
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Filing 3
TRANSFER ORDER: The Clerk of Court is directed to 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 prepayment 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). SO ORDERED. (Signed by Judge Colleen McMahon on 1/15/21) (rdz) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from nysd on 1/28/2021.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(vba) [Transferred from nysd on 1/28/2021.] |
| Filing 2 COMPLAINT against John Doe C.O., John Doe Commissioner of Department of Corrections, John Doe Superintendent, John Doe Watch Commander. Document filed by Willie Smith..(rdz) [Transferred from nysd on 1/28/2021.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Willie Smith..(rdz) [Transferred from nysd on 1/28/2021.] |
| Case Designated ECF. (rdz) [Transferred from nysd on 1/28/2021.] |
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