Rech v. Roth et al
| Michael Rech |
| Alan Roth, Scott Ashlaw, Jeffrey Caraher, Jonathan Larsen, S.A. North, Hon. Marian W. Payson, Jennifer Cannito, Ivette Rivera-Hernandez, Meghan K. McGuire, Sean Eldridge, Trini E. Ross, Richard Resnick, Vincent, Corp. B. Simonelli, W. McLean, Sergt. C. DeRousie, Todd Baxter, Supr. Leone, Sergt. Gatti, Ronald Evangelista, Jason Armstrong, Sonya Zoghlin, W. Timothy Luce, John P. Clere, Capt. Barnard, Sergt. Folts, Unknown Names of 6, Monroe County, Unknown Names of 12 plus, Unknown Names of Staff at Monroe County Jail, Andrew Farnham and Unknown Names of Gore Civic Staff |
| 6:2022cv06299 |
| July 8, 2022 |
| US District Court for the Western District of New York |
| Charles J Siragusa |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
|---|
| Filing 7 Supplement to #4 Letter filed by Michael Rech. (RE) |
| Filing 6 CLERK'S CERTIFICATE filed and electronically sent to Court of Appeals. (Attachments: #1 Index)(RE) |
| No fee or IFP received re: #5 Notice of Appeal. (RE) |
| Filing 5 NOTICE OF APPEAL by Michael Rech as to #3 Order.(RE) |
| Clerk mailed documents to Plaintiff pursuant to Order #3 . (RE) |
| Filing 4 Letter with Affirmation from Plaintiff, dated 7/22/22, to Clerk of Court (Attachments: #1 Envelope) (RE) |
Filing 3
ORDER granting #2 Motion for Leave to Proceed in forma pauperis; denying #2 Motion to Appoint Counsel. IT HEREBY IS ORDERED that Plaintiff's Motion to proceed in forma pauperis is granted; and it is furtherORDERED that all claims against the Honorable Marian W. Payson are dismissed with prejudice, and the Clerk of Court shall terminate this action against Magistrate Judge Payson; and it is furtherORDERED that Plaintiffs claims against Defendants in their official capacities are dismissed with prejudice; and it is furtherORDERED that Plaintiff is granted leave to file an amended complaint as directed above no later than 45 days from the date of this Order; the Clerk of Court is directed to send to Plaintiff with this Order a copy of the original Complaint, a blank 1983 complaint form, and the instructions for preparing an amended complaint; and it is furtherORDERED that if Plaintiff does not file an amended complaint as directed above, the Complaint shall be dismissed with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A(b); and it is furtherORDERED that if the Complaint is dismissed because Plaintiff has not filed an amended complaint, the Clerk of Court shall close this case as dismissed with prejudice without further order; and it is furtherORDERED that in the event the Complaint is dismissed because Plaintiff has failed to file an amended complaint, this Court hereby 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 in forma pauperis is denied. Coppedge v. United States, 369 U.S. 438 (1962). Further requests to proceed on appeal in forma pauperis 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; and it is furtherORDERED that Plaintiff shall notify the Court in writing if his address changes. The Court may dismiss the action if Plaintiff fails to do so.Signed by Hon. Charles J. Siragusa on 8/1/22. (KAP)This was mailed to: Michael Rech at NEOCC.Clerk to Follow up
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| Filing 2 MOTION for Leave to Proceed in forma pauperis, MOTION to Appoint Counsel by Michael Rech.(TF) |
| Filing 1 COMPLAINT against All Defendants, filed by Michael Rech.(TF) |
| 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. Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, Civil Case Timeline, ADR Notification and pro se assistance program info given to plaintiff at the counter. (TF) |
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