Gibson v. McAntish et al
| David Gibson |
| Meghan McAntish, Dexter John Doe, P. Macharty, Shelley M. Mallozzi, John Doe and Superintendent Lamona |
| 6:2023cv06377 |
| July 5, 2023 |
| US District Court for the Western District of New York |
| Frank P Geraci |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 10
ORDER granting Motion re #6 Motion for Leave to proceed in forma pauperis filed by David Gibson, it is further ORDERED that Plaintiff is granted leave to file an amended complaint as directed by no later than 45 days from the date of this Order; and it further ORDERED that the Clerk of Court is directed to send to Plaintiff this Order, a copy of the original complaint, a blank 1983 complaint form and the instructions for preparing an amended complaint; and it is further ORDERED that in the event Plaintiff fails to file an amended complaint as directed within 45 days from the date of this Order, the Clerk of Court shall close this case as dismissed with prejudice without further order; and it is further ORDERED that in the even the Complaint is dismissed because Plaintiff has failed to file an amended complaint within 45 days from the the date of this Order the Court hereby certifies, pursuant to 28 U.S.C. 1915(a), 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 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. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 8/21/2023. (LMD)This was mailed to: David Gibson with #1 Complaint and Instructions for Preparing an Amended Complaint which includes a blank complaint.
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| Filing 9 Case transferred in from District of New York Northern; Case Number 9:22-cv-01316. |
| Remark: Plaintiff has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, and a civil case timeline. (CGJ) |
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Filing 8
DECISION AND ORDER: ORDERED that the claims in the complaint against defendants Romulus, Gaines, Brensham, Chason, and Judge Jane Doe based on alleged wrongdoing that occurred in connection with plaintiff's criminal conviction are severed and transferred to the Eastern District of New York, the claims in the complaint against defendant O.R.C. Jane Doe based on alleged wrongdoing that occurred while plaintiff was incarcerated at Downstate Correctional Facility are severed and transferred to the Southern District of New York, and the claims in the complaint against defendants Macharty, Dexter, Lamona, McAntish, John Doe FOIL Officer, and Mallozzi based on alleged wrongdoing that occurred while plaintiff was incarcerated at Five Points Correctional Facility and Wende Correctional Facility are severed and transferred to the Western District of New York. This Court makes no ruling asto plaintiff's in forma pauperis application with respect to these claims, leaving those determinations to the Eastern, Southern, and Western Districts of New York. ORDERED that the Clerk shall advise the Clerks of the Eastern, Southern, and Western Districts of New York of the entry of this Order and provide those Clerks with all information necessary for those Clerks to electronically access the documents filed in this action. The Court hereby waives the fourteen (14) day waiting period provided for in Local Rule 3.7. ORDERED that plaintiff's application for leave to proceed IFP (Dkt. No. #6 ) with respect to the remaining Northern District of New York claims is GRANTED. ORDERED that plaintiff's Section 1983 claims arising during his confinement at Marcy Correctional Facility are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B), in part as duplicative of claims asserted in an earlier action, and in part for failure to state a claim upon which relief may be granted. ORDERED that if plaintiff wishes to proceed with this action, as limited by the rulings set forth above, he must file an amended complaint within thirty (30) days of the filing date of this Decision and Order, as set forth above. ORDERED that upon the filing of an amended complaint as directed above, the Clerk shall return the file to this Court for further review; and it is further ORDERED that in the event plaintiff fails to file an amended complaint within thirty (30) days of the filing date of this Decision and Order, the Clerk shall enter judgment dismissing this action without prejudice due to plaintiff's failure to state a claim upon which relief can be granted and to comply with the terms of this Decision and Order, without further order of this Court. Signed by Chief Judge Brenda K. Sannes on June 30, 2023. (Attachments: #1 case law cited, #2 case law cited, #3 case law cited, #4 case law cited, #5 case law cited, #6 case law cited, #7 case law cited, #8 case law cited, #9 case law cited) {order served via regular mail on plaintiff}(nas) [Transferred from nynd on 7/5/2023.]
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Filing 7
TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, and plaintiff was directed to respond to the Order if s/he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by Chief Judge Brenda K. Sannes on May 17, 2023. {text order served via regular mail on plaintiff}(nas) [Transferred from nynd on 7/5/2023.]
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| Filing 6 MOTION for Leave to Proceed in forma pauperis filed by David Gibson(nas ) [Transferred from nynd on 7/5/2023.] |
| Filing 5 NOTICE of Change of Address by David Gibson Effective Date 2/1/23 Old Address: Marcy Correctional Facility New Address: 4081 De Reimer Ave, Bronx NY 10466 (nas, ) [Transferred from nynd on 7/5/2023.] |
| Filing 4 Letter from Gibson. (Attachments: #1 envelope)(nas, ) [Transferred from nynd on 7/5/2023.] |
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Filing 3
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that, if plaintiff desires to pursue this action, he must, within 30 days of the filing date of this Order, either (1) pay the $402.00 filing fee in full; or (2) submit a completed and signed IFP application. Signed by Chief Judge Brenda K. Sannes on December 9, 2022. {order and blank ifp form served via regular mail on plaintiff}(nas) [Transferred from nynd on 7/5/2023.]
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| Filing 2 INMATE (IFP) AUTHORIZATION FORM by David Gibson. (nas, ) [Transferred from nynd on 7/5/2023.] |
| Filing 1 COMPLAINT against Anthony Annucci, John Doe Bell, Bresham, N. Chason, Jane Doe, Jane Doe, John Doe, John Doe, Mahical Gaines, Dexter John Doe, Keirpeck, P. Macharty, Shelley M. Mallozzi, Meghan McAntish, Medburry, Snyder filed by David Gibson. (Attachments: #1 cover letter and envelope)(nas ) [Transferred from nynd on 7/5/2023.] |
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