New York Eastern District Court
Judge:Ann M Donnelly
Case #: 1:24-mc-04897
Cause00:0000
Case Filed:Dec 09, 2024
Terminated:Dec 09, 2024

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Docket last updated: 12 hours ago
Monday, December 09, 2024
1 1 order Order(Other) Mon 12/09 12:17 PM
MEMORANDUM DECISION AND ORDER. The plaintiff's IFP application is denied, and the complaint is dismissed without prejudice, under the PLRA's three-strikes provision. 28 U.S.C. § 1915(g).1 The plaintiff is barred from filing any future federal civil action IFP, while he is detained, unless he is under imminent danger of serious physical injury. The Clerk of Court is respectfully directed to close this case, and to mail a copy of this Order to the plaintiff.Because the plaintiff has continued to violate the filing injunction with frivolous lawsuits, the Clerk of Court is directed to open a new miscellaneous case entitled "In re Bennie Gibson," and to file a copy of this Order under that docket number. The matter is then to be administratively closed. Any filings by the plaintiff must be filed only under that miscellaneous docket number. The Court will review each filing to determine whether it is frivolous or fails to state a claim. No further action will be taken if it is frivolous or fails to state a claim. If it states a claim, the Court will direct the Clerk of Court to open a new civil matter in which those documents will be filed, and it will proceed as a new case in the ordinary course. 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. Ordered by Judge Ann M. Donnelly on 12/9/2024. (KD)
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order ~Util - Terminate Civil Case Mon 12/09 12:28 PM
Civil Case Terminated. (KD)
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