McCollum v. Rochester Psychiatric Center et al
| Darius McCollum |
| Rochester Psychiatric Center, Jannette Wilson, Benita Zanders, Benita Britten, Rhonda (Mahabi) Jackson, Kate Griffith, Tammy Turner, Shaun Kelly, Larry Frazier, Evelyna King, Barry Johns, Ronald W. Muscarella, Michael Stanley, Marc Libman and Philip Griffin |
| 6:2022cv06057 |
| February 4, 2022 |
| US District Court for the Western District of New York |
| Frank P Geraci |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1983 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 21, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 6
ORDER granting #2 Motion for Leave to Proceed in forma pauperis, and his Motion for preliminary injunctive relief is denied, third, Plaintiff's claims under the UDHR and Eighth Amendment are DISMISSED WITH PREJUDICE for his failure to state a claim on which relief may be granted. Plaintiff is granted leave to file an amended complaint as directed in the order within 45 days of this order. The Clerk of Court is directed to send Plaintiff with a copy of this Order, the complaint, a blank 1983 complaint form and the instructions for preparing an amended complaint. If plaintiff fails to file an amended complaint as directed, the Clerk of Court is directed to close this case without further order. In the event the complaint is dismissed under 28 U.S.C. 1915(a), 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 leave to appeal to the Court of Appeals as a poor person is denied. Further 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 in accordance with Rule 24 of the Federal Rules of Appellate Procedure. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 3/17/2022. (Clerk mailed this Decision and Order with the NEF, the Complaint #1 , a blank 1983 complaint form and the instructions for preparing an amended complaint to Plaintiff, Darius McCollum.) (LMD)
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| Filing 5 MEMORANDUM/BRIEF RESPONSE NOT TO DISMISS by Darius McCollum. (Attachments: #1 Envelope) (LMD) (Additional attachment(s) added on 3/15/2022: #2 Restricted Exhibits) (LMD). |
| Filing 4 MEMORANDUM/BRIEF by Darius McCollum. (LMD) |
| Filing 3 MOTION for the court transfer the plaintiff to O.P.W.D.D. by Darius McCollum. (Attachments: #1 Envelope)(LMD) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Darius McCollum.(LMD) |
| Filing 1 COMPLAINT against All Defendants, filed by Darius McCollum. (Attachments: #1 Civil Cover Sheet, #2 Letter, #3 Envelope)(LMD) |
| 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. (LMD) |
| Prisoner Pro Se Packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge and Civil Case Timeline mailed to plaintiff. (LMD) |
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