Court: | nysd |
Docket #: | 1:17-cv-06175 |
Case Name: | Antrobus v. Dapeviec et al |
PACER case #: | 479041 |
Date filed: | 2017-08-10 |
Date terminated: | 2017-08-18 |
Assigned to: | Judge Colleen McMahon |
Case Cause: | 42:1983 Prisoner Civil Rights |
Nature of Suit: | 550 Prisoner: Civil Rights |
Jury Demand: | Plaintiff |
Jurisdiction: | Federal Question |
Represented Party | Attorney & Contact Info |
Andre Antrobus Plaintiff |
Andre Antrobus |
C.O. S. Dapeviec Defendant |
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C.O. Wellington Defendant |
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Supt. Thomas R. Griffen Defendant |
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Comm. Anthony Annucci Defendant |
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Dept. of Corr. & Comm. Supv. Defendant |
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6 Unknown Officers of I-C-P, Stormville, N.Y. 12582 Defendant |
Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
2017-08-10 | 1 | 0 | REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Andre Antrobus.(rdz) (Entered: 08/15/2017) | |||
2017-08-10 | 2 | 0 | COMPLAINT against 6 Unknown Officers of I-C-P, Stormville, N.Y. 12582, Anthony Annucci, S. Dapeviec, Dept. of Corr. & Comm. Supv., Thomas R. Griffen, Wellington. Document filed by Andre Antrobus.(rdz) (Entered: 08/15/2017) | |||
2017-08-10 | 3 | 0 | APPLICATION for the Court to Request Counsel. Document filed by Andre Antrobus.(rdz) (Entered: 08/15/2017) | |||
2017-08-18 | 4 | 0 | ORDER OF DISMISSAL: Plaintiff, currently incarcerated at Great Meadow Correctional Facility, brings this pro se action, alleging that Defendants violated his rights in Green Haven Correctional Facility. For the following reasons, the complaint is dismissed. Plaintiff has submitted to this Court a substantially similar complaint against Defendants alleging harassment, illegal strip searches, and sexual assaults. That case is pending under docket number 17-CV-5840 (UA). Because this complaint raises the same claims, no useful purpose would be served by the filing and litigation of this duplicate lawsuit. Therefore, this complaint is dismissed without prejudice to Plaintiff's pending case under docket number 17-CV-5840 (UA). In light of the Court's belief that Plaintiff may have submitted this duplicate complaint in error, the Clerk of Court shall not charge Plaintiff the $350.00 filing fee for this action, and the Warden or Superintendent having custody of Plaintiff shall not deduct or encumber funds from Plaintiff's prison trust account for this lawsuit. 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. Plaintiff's complaint is dismissed as duplicative. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Colleen McMahon on 8/18/2017) (jwh) (Entered: 08/18/2017) | |||
2017-08-18 | 5 | 0 | CIVIL JUDGMENT: Pursuant to the order issued August 18, 2017, dismissing the complaint, IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice to the pending action under docket number 17-CV-5840 (UA). The Court certifies, pursuant to 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 8/18/2017) (jwh) (Entered: 08/18/2017) |