Burns v. Spano
| New York Southern District Court | |
| Judge: | Laura Taylor Swain |
| Case #: | 1:24-cv-08739 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Nov 13, 2024 |
| Terminated: | Nov 20, 2024 |
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| Docket last updated: 3 hours ago |
| Wednesday, November 20, 2024 | ||
| 4 | 4
order
Judgment
Wed 11/20 11:54 AM
CIVIL JUDGMENT. For the reasons stated in the November 18, 2024, order, this action is dismissed. 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. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/20/2024) (nd) |
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Att: 1
Notice of right to appeal
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notice
Notice of Case Assignment/Reassignment - Sua Sponte
Wed 11/20 9:03 AM
NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(nb) |
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misc
Mailing Receipt
Wed 11/20 11:20 AM
MAILING RECEIPT: Document No: 3. Mailed to: George Burns 26993 PO Box 10 Valhalla, NY 10595. (ak) |
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| Tuesday, November 19, 2024 | ||
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misc
Mailing Receipt
Tue 11/19 9:37 AM
MAILING RECEIPT: Document No: 2. Mailed to: George Burns 26993 PO Box 10 Valhalla, NY 10595. (ak) |
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| Monday, November 18, 2024 | ||
| 3 | 3
2
pgs
order
Order of Dismissal
Tue 11/19 2:10 PM
ORDER OF DISMISSAL UNDER 28 U.S.C. § 1915(g)... The Court denies Plaintiff IFP status and dismisses this action without prejudice under the PLRAs three-strikes rule. See 28 U.S.C. § 1915(g). Plaintiff remains barred from filing any future federal civil action IFP while he is a prisoner, unless he is under imminent danger of serious physical injury.3 Id. 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). The Court directs the Clerk of Court to enter a judgment dismissing this action. (Signed by Judge Laura Taylor Swain on 11/18/2024) (jjc) |
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order
Standing Order re Cases Filed By Pro Se Plaintiffs
Mon 11/18 4:49 PM
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may[LINK:consent to electronic service] to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for[LINK:permission to file documents electronically] . Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Chief Judge Laura Taylor Swain on 3/18/2024) (tro) |
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service
Note Regarding Service on Self-Represented Party
Mon 11/18 4:49 PM
CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see[LINK:Rule 9.2] of the courts ECF Rules & Instructions for further information..(tro) |
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| Wednesday, November 13, 2024 | ||
| 1 | 1
cmp
Complaint
Mon 11/18 4:46 PM
COMPLAINT against Spano. Document filed by George Burns.(tro) |
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utility
Case Designated ECF
Mon 11/18 4:46 PM
Case Designated ECF. (tro) |
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