Abreu v. Henton
| New York Southern District Court | |
| Judge: | Cathy Seibel |
| Case #: | 7:19-cv-05322 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Jun 05, 2019 |
| Re-opened: | Jul 19, 2019 |
| Terminated: | Jul 19, 2021 |
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| Docket last updated: 05/16/2025 11:59 PM EDT |
| Monday, July 19, 2021 | ||
| 29 | 29
order
Judgment - Clerk
Mon 07/19 3:00 PM
CLERK'S JUDGMENT re:28 Order of Dismissal, in favor of Henton against Carlos Maurice Abreu. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasonsstated in the Court's Order dated July 19, 2021, in a Bench Ruling on October 28, 2020, the Courtgranted Defendant's motion to dismiss without prejudice. (See Minute Entry dated Oct. 28, 2020.)The Court informed Plaintiff that his claim will be dismissed with prejudice and the case will beclosed if he does not file a Motion to Amend and proposed Amended Complaint by November 30,2020. That date has long passed and Plaintiff has not filed a Motion to Amend or proposed AmendedComplaint. Accordingly, Plaintiff's claim is DISMISSED with prejudice, and the case is closed. (Signed by Clerk of Court Ruby Krajick on 7/19/2021) (dt) |
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Att: 1
Notice of Right to Appeal
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order
Order of Dismissal
Mon 07/19 2:16 PM
ORDER: Accordingly, Plaintiff's claim is DISMISSED with prejudice. The Clerk of Court is respectfully directed to close the case and mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Cathy Seibel on 7/19/2021) (mml) |
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misc
Mail Order by USPS
Mon 07/19 3:11 PM
Mailed a copy of28 Order of Dismissal to Carlos Maurice Abreu, DIN No. 07-A-6722 at Southport Correctional Facility, P.O. Box 2000, Pine City, NY 14871-2000. (kh) |
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misc
Mail Order by USPS
Mon 07/19 3:56 PM
Mailed a copy of29 Clerk's Judgment,,, to Carlos Maurice Abreu at DIN No. 07-A-6722 Southport Correctional Facility P.O. Box 2000 Pine City, NY 14871-2000..(wb) |
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| Wednesday, October 28, 2020 | ||
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minutes
Oral Argument ~Util - Terminate Motions
Wed 10/28 4:07 PM
Minute Entry for proceedings held before Judge Cathy Seibel: Bench Ruling held on 10/28/2020 re:23 MOTION to Dismiss filed by Henton. Plaintiff Carlos Abreu appears telephonically. Defendant's counsel Jessica Acosta-Pettyjohn, Esq. appears telephonically. Law Clerk Jennifer Butwin appears telephonically. For the reasons stated on the record, the Court GRANTS Defendant's Motion to Dismiss without prejudice. The Clerk is directed to terminate Motion (Doc # 23). The Court grants Plaintiff leave to replead his claim. Plaintiff's Motion to Amend and proposed Amended Complaint to be submitted by November 30, 2020. If Plaintiff does not file the Motion to Amend and proposed Amended Complaint by November 30, 2020, then the claim will be dismissed with prejudice and the case will be closed. The Clerk is also directed to send a copy of all unpublished cases in support of the Court's ruling to the Plaintiff. See transcript. Motion(s) terminated:23 MOTION to Dismiss filed by Henton. (Court Reporter Pamela Grimaldi) (wc) Modified on 10/28/2020 (wc) |
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| Monday, September 28, 2020 | ||
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misc
Mail Order by USPS
Mon 09/28 9:06 AM
Mailed a copy of27 Notice of Hearing to Carlos Maurice Abreu, DIN No. 07-A-6722 at Southport Correctional Facility, P.O. Box 2000, Pine City, NY 14871-2000. (kh) |
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| Friday, September 25, 2020 | ||
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notice
Notice of Hearing
Fri 09/25 4:21 PM
NOTICE OF COURT CONFERENCE: A Bench Ruling on the pending motion(s) is scheduled for October 28, 2020 at 10:00 a.m. (via telephone) before the Honorable Cathy Seibel at the Charles L. Brieant United States District Courthouse, 300 Quarropas Street, White Plains, New York 10601 in Courtroom 621. Defendant's counsel is directed to make the necessary arrangements with the facility to have Plaintiff produced to appear via telephone for this proceeding. Person(s) appearing via telephone are reminded of the general prohibition against any forms of recording and rebroadcasting of Court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Pursuant to Judge Seibel's Emergency Individual Rules and Practices in light of COVID-19, last revised on March 19, 2020, the parties are directed to attend by phone using the following information: Toll-Free Tele-conference number: (877)336-1839 to call in and enter access code: 1047966#. The parties should call in from a landline phone (if possible), announce their last name(s) before addressing the Court at any time during the call, and mute their lines (pressing *6 on phone) when not speaking. The Clerk of Court is directed to mail a copy of this Notice to the Plaintiff. Telephone Conference set for 10/28/2020 at 10:00 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. (mml) |
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misc
Transmission to Docket Assistant Clerk
Fri 09/25 4:26 PM
Transmission to Docket Assistant Clerk. Transmitted re:27 Notice of Court Conference to the Docket Assistant Clerk for case processing. (mml) |
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| Wednesday, July 29, 2020 | ||
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misc
Pro Se Payment of Fee - Processed
Wed 07/29 12:17 PM
Pro Se Payment of Fee Processed: $350.00 Check processed by the Finance Department on 7/28/2020, Receipt Number 465401263916. (jkr) |
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| Thursday, May 14, 2020 | ||
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service
Certificate of Service Other
Thu 05/14 12:52 PM
CERTIFICATE OF SERVICE of Letter requesting motion be deemed fully submitted served on Carlos Abreu on 5/14/2020. Service was made by Mail. Document filed by Henton..(Acosta-PettyJohn, Jessica) |
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misc
Letter
Thu 05/14 11:58 AM
LETTER addressed to Judge Cathy Seibel re: Request that Henton's Motion to Dismiss be deemed fully submitted. Document filed by Henton..(Acosta-PettyJohn, Jessica) |
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| Monday, March 30, 2020 | ||
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respm
Memorandum of Law in Support of Motion
Mon 03/30 5:37 PM
MEMORANDUM OF LAW in Support re:23 MOTION to Dismiss . . Document filed by Henton..(Acosta-PettyJohn, Jessica) |
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Att: 1
Declaration of Service
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| 23 | 23
motion
Dismiss
Mon 03/30 5:35 PM
MOTION to Dismiss . Document filed by Henton..(Acosta-PettyJohn, Jessica) |
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| Thursday, February 20, 2020 | ||
| 22 | 22
misc
Pro Se Memorandum to Change Address
Fri 02/21 9:21 AM
PRO SE MEMORANDUM(Letter), re: CHANGE OF ADDRESS for Carlos Maurice Abreu. New Address: #07A6722, Southport C. F., P.O. Box 2000, Pine City, New York, 14871-2000 (sc) |
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| Tuesday, February 04, 2020 | ||
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misc
Mail Order by USPS
Tue 02/04 9:03 AM
Mailed a copy of21 Endorsed Letter, Set Deadlines, to Carlos Maurice Abreu DIN No. 07-A-6722 Attica Correctional Facility P.O. Box 149 Attica, NY 14011-0149..(aea) |
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| Monday, February 03, 2020 | ||
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order
Endorsed Letter ~Util - Set Deadlines
Mon 02/03 6:07 PM
ENDORSED LETTER addressed to Judge Cathy Seibel from Carlos Maurice Abreu dated 1/28/2020 re: requesting extension to amend complaint. ENDORSEMENT: Application Granted. Amended Complaint due 2/28/20. Motion to Dismiss (or answer) due 3/30/20. Opposition to motion due 4/30/20. Reply due 5/14/20. The Clerk shall sen a copy of the endorsement to Plaintiff. (Amended Pleadings due by 2/28/2020. Motions due by 3/30/2020. Responses due by 4/30/2020. Replies due by 5/14/2020.) (Signed by Judge Cathy Seibel on 2/3/2020) (jwh) |
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| Monday, January 13, 2020 | ||
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misc
Pro Se Memorandum to Change Address
Wed 01/15 11:30 AM
PRO SE MEMORANDUM(Letter) re: CHANGE OF ADDRESS for Carlos Abreu. New Address: #07A6722, Attica C.F., P.O. Box 149, Attica, New York, 14011-0149. (sc) |
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| Monday, December 30, 2019 | ||
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minutes
Pre-Motion Conference
Mon 12/30 5:56 PM
Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 12/30/2019. Plaintiff appears telephonically. The Court directs Plaintiff to submit letter to the Court with contact information of new facility (Attica Correctional Facility) where Plaintiff is now residing. The Court grants Plaintiff leave to amend Complaint. Plaintiff's Amended Complaint to be submitted by February 14, 2020. Defendant's Motion to Dismiss (or Answer) to be submitted by March 16, 2020; Plaintiff's opposition (if Motion filed) due April 17, 2020; Defendant's reply due May 1, 2020. See transcript. (Court Reporter Christina Arends-Dieck) (wc) |
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| Wednesday, December 18, 2019 | ||
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respoth
Reply (non-motion)
Wed 12/18 5:57 PM
REPLY TO DEFENDANTS REQUEST FOR PRE-MOTION CONFERENCE re:15 LETTER MOTION for Conference addressed to Judge Cathy Seibel. Document filed by Carlos Abreu. (mml) |
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| Thursday, December 05, 2019 | ||
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misc
Mail Order by USPS
Thu 12/05 3:48 PM
Mailed a copy of18 Memo Endorsement, Set Hearings, to Carlos Abreu DIN No. 07-A-6722 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442. (vba) |
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| Wednesday, December 04, 2019 | ||
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order
Memo Endorsement ~Util - Set Hearings
Thu 12/05 10:32 AM
MEMO ENDORSEMENT on re:17 Letter filed by Henton. ENDORSEMENT: Conference will be 12/30/19 at 2 pm. The Clerk shall send a copy of this endorsement to Plaintiff. SO ORDERED. (Pre-Motion Conference set for 12/30/2019 at 02:00 PM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 12/4/2019) (mml) |
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misc
Letter
Wed 12/04 12:08 PM
LETTER addressed to Judge Cathy Seibel Document filed by Henton.(Acosta-PettyJohn, Jessica) |
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Att: 1
Affidavit
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| Wednesday, November 27, 2019 | ||
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misc
Mail Order by USPS
Wed 11/27 12:04 PM
Mailed a copy of 16 Order on Motion for Conference, to Carlos Abreu DIN No. 07-A-6722 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442. (vba) |
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| Tuesday, November 26, 2019 | ||
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order
Order on Motion for Conference
Tue 11/26 8:05 PM
ORDER granting15 Letter Motion for Conference: Pre-Motion Conference set for 12/30/19 at 3:30 pm. Defense counsel shall arrange for Plaintiff to attend by phone. Plaintiff shall respond to Defendant's letter, by letter of no more than 3 pages, no later than 12/23/19. The Clerk shall send a copy of this text-only order to Plaintiff. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Seibel, Cathy) |
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motion
Conference
Tue 11/26 6:06 PM
LETTER MOTION for Conference addressed to Judge Cathy Seibel. Document filed by Henton.(Acosta-PettyJohn, Jessica) |
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Att: 1
Affidavit
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| Wednesday, October 16, 2019 | ||
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appeal
USCA Mandate
Wed 10/16 10:26 AM
MANDATE of USCA (Certified Copy) as to6 Notice of Appeal filed by Carlos Abreu. USCA Case Number 19-2130 Ordered that the appeal is DISMISSED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/16/2019. (nd) |
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| Thursday, October 03, 2019 | ||
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service
Marshal's Process Receipt and Return of Service Executed Complaints
Thu 10/03 10:12 AM
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Henton served on 9/27/2019, answer due 11/26/2019. Service was accepted by Daniel Schulze - Attorney. Document filed by Carlos Abreu. (vba) |
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| Tuesday, August 20, 2019 | ||
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misc
FRCP 4 Service Package - Mailed
Tue 08/20 10:30 AM
INFORMATION PACKAGE MAILED to Carlos Abreu DIN No. 07-A-6722, at Sing Sing Correctional Facility, 354 Hunter Street, Ossining, NY 10562-5442, on 8/20/2019 Re:11 Order of Service via REGULAR MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (bwa) |
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service
Summons Issued
Tue 08/20 10:27 AM
SUMMONS ISSUED as to Henton. (bwa) |
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misc
FRCP 4 Service Package - Hand Delivered to U.S.M.
Tue 08/20 10:28 AM
FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 8/20/2019 Re: Judge Cathy Seibel11 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Ms. Henton. (bwa) |
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| Monday, August 19, 2019 | ||
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pgs
order
Order of Service
Mon 08/19 10:53 AM
ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk of Court is further instructed to complete the USM-285 forms with the address for Defendant and deliver all documents necessary to effect service to the U.S. Marshals Service. SO ORDERED. (Signed by Judge Cathy Seibel on 8/19/2019) (kv) |
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| Friday, August 09, 2019 | ||
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notice
Notice of Case Assignment/Reassignment
Fri 08/09 12:26 PM
NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Colleen McMahon is no longer assigned to the case. (wb) |
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utility
Case Designation
Fri 08/09 12:27 PM
Magistrate Judge Judith C. McCarthy 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:[LINK:http://nysd.uscourts.gov/forms.php] . (wb) |
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| Thursday, August 08, 2019 | ||
| Mailed a copy of9 Order Granting IFP Application in Prisoner Case, to Carlos Abreu DIN No. 07-A-6722 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442; and to Superintendent at Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442. (aea) | ||
| Wednesday, August 07, 2019 | ||
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ORDER GRANTING IFP APPLICATION IN PRISONER CASE: Plaintiff's application for leave to proceed without prepayment of fees is granted. A prisoner bringing a civil action is required to pay the full $350 filing fee even when proceeding in forma pauperis (IFP), that is, without prepayment of fees.... The Court must collect, when funds exist in a prisoner's account, an initial partial filing fee plus monthly payments. 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 Colleen McMahon on 8/7/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Monday, July 22, 2019 | ||
| Mailed a copy of8 Order Reopening Case, to Carlos Abreu DIN No. 07-A-6722 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442. (aea) | ||
| Friday, July 19, 2019 | ||
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ORDER: The Clerk of Court is directed to notify Plaintiff of this order and note service on the docket. Plaintiff's motion for reconsideration (ECF No. 7) is granted. The Court vacates the June 24, 2019 order of dismissal and civil judgment (ECF No. 4, ECF No. 5), and directs the Clerk of Court to reopen this action for further proceedings. 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). (Signed by Judge Colleen McMahon on 7/19/2019) (mro) Transmission to Docket Assistant Clerk for processing.
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| Monday, July 15, 2019 | ||
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LETTER addressed to Judge Colleen McMahon from C. Abreu, dated 7/10/19 re: Plaintiff informs the Court that he is not the Carlos Abreu mentioned in the case of Abreu v. Burnett, as the Court incorrectly believes; that he never filed any action, suit or tort in any court which was disposed of as frivolous; and he requests that the Court rectify this matter and reinstate his 42:1983 Complaint. Document filed by Carlos Abreu.(sc)
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| Wednesday, July 10, 2019 | ||
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:6 Notice of Appeal. (tp) | ||
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for6 Notice of Appeal filed by Carlos Abreu were transmitted to the U.S. Court of Appeals. (tp) | ||
| Monday, July 08, 2019 | ||
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NOTICE OF APPEAL from4 Order of Dismissal,5 Judgment - Sua Sponte (Complaint). Document filed by Carlos Abreu. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp)
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Att: 1
Motion for EXT
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| Appeal Fee Due: for6 Notice of Appeal. Appeal fee due by 7/22/2019. (tp) | ||
| Appeal Remark as to6 Notice of Appeal filed by Carlos Abreu. IFP DENIED 06/24/2019. (tp) | ||
| Monday, June 24, 2019 | ||
| 5 | 5
Vacated as per Judge's Order dated 7/19/2019, Doc. #8 CIVIL JUDGMENT: Pursuant to the order issued June 24, 2019, dismissing the complaint, IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice under the PLRA's "three-strikes" rule. See 28 U.S.C. § 1915(g). Plaintiff is barred from filing any civil action under the in forma pauperis statute while a prisoner unless the allegations bring the complaint within the terms of the statute's "imminent danger" exception. See 28 U.S.C. § 1915(g). The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Plaintiff and note service on the docket. (Signed by Judge Colleen McMahon on 6/24/2019)(mro) Transmission to Docket Assistant Clerk for processing. Modified on 7/22/2019 (mro).
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Att: 1
Appeal Package
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Vacated as per Judge's Order dated 7/19/2019, Doc. #8 ORDER OF DISMISSAL UNDER 28 U.S.C. § 1915(g): The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. The complaint is dismissed without prejudice under the PLRA's "three-strike" rule. See 28 U.S.C. § 1915(g). Plaintiff remains barred from filing any future action in forma pauperis while in custody, unless he is under imminent threat of serious physical injury. Id. The Clerk of Court is also instructed to terminate all other pending matters. 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 IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Colleen McMahon on 6/24/2019) (mro) Transmission to Docket Assistant Clerk for processing. Modified on 7/22/2019 (mro).
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| NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (mro) Modified on 6/24/2019 (mro). | ||
| Mailed a copy of5 Judgment - Sua Sponte (Complaint) with Notice of Right to Appeal,4 Order of Dismissal, to Carlos Abreu DIN No. 07-A-6722 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442. (aea) | ||
| Wednesday, June 05, 2019 | ||
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PRISONER AUTHORIZATION. Document filed by Carlos Abreu.(sac)
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| 2 | 2
COMPLAINT against Henton. Document filed by Carlos Abreu. (sac)
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| 1 | 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Carlos Abreu.(sac)
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| Case Designated ECF. (sac) | ||