This case was last updated from PACER on 12/01/2018 at 07:54:27 (UTC).

Funes v. The City of New York et al

Case Summary

On 10/02/2018 Funes filed a Prisoner - Prison Condition lawsuit against The City of New York. This case was filed in U.S. District Courts, New York Southern District. The Judge overseeing this case is Louis L. Stanton. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:18-CV-09040

  • Filing Date:

    10/02/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Prison Condition

  • Court:

    U.S. District Courts

  • Courthouse:

    New York Southern District

Judge Details

Presiding Judge

Louis L. Stanton

 

Party Details

Plaintiff

Frederick Funes

East Elmhurst, NY 11370

Defendants

The City of New York

The Department of Corrections

 

Court Documents

#1

(#1) REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Frederick Funes.(rdz) (Entered: 10/03/2018)

#5

(#5) ORDER OF DISMISSAL. 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, filed in forma pauperis under 28 U.S.C. 1915(a)(1), is dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(ii), with 30 days' leave to replead. Plaintiff's claims against the Department of Correction are dismissed for failure to state a claim. 28 U.S.C. 1915(e)(2)(B(ii). 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). SO ORDERED. The Department of Corrections terminated. (Signed by Judge Louis L. Stanton on 11/8/2018) (rjm) Transmission to Docket Assistant Clerk for processing. (Entered: 11/08/2018)

#3

(#3) PRISONER AUTHORIZATION. Document filed by Frederick Funes.(rdz) (Entered: 10/03/2018)

#4

(#4) 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 10/29/2018) (sac) Transmission to Docket Assistant Clerk for processing. (Entered: 10/29/2018)

#2

(#2) COMPLAINT against The City of New York, The Department of Corrections. Document filed by Frederick Funes.(rdz) (Entered: 10/03/2018)

 

Docket Entries

  • 11/09/2018
  • View Court Documents
  • Mailed a copy of #5 Order 30 Days Other (case opening), Add and Terminate Parties, to Frederick Funes NYSID: 02062968J B&C No. 7001600067 Anna M. Kross Correctional Facility 18-18 Hazen Street East Elmhurst, NY 11370. (aea) (Entered: 11/09/2018)

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  • 11/08/2018
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  • (#5) ORDER OF DISMISSAL. 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, filed in forma pauperis under 28 U.S.C. 1915(a)(1), is dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(ii), with 30 days' leave to replead. Plaintiff's claims against the Department of Correction are dismissed for failure to state a claim. 28 U.S.C. 1915(e)(2)(B(ii). 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). SO ORDERED. The Department of Corrections terminated. (Signed by Judge Louis L. Stanton on 11/8/2018) (rjm) Transmission to Docket Assistant Clerk for processing. (Entered: 11/08/2018)

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  • 11/08/2018
  • NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Unassigned is no longer assigned to the case. (rjm) (Entered: 11/08/2018)

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  • 10/29/2018
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  • Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Frederick Funes NYSID: 02062968J B&C No. 7001600067 Anna M. Kross Correctional Facility 18-18 Hazen Street East Elmhurst, NY 11370. (aea) (Entered: 10/29/2018)

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  • 10/29/2018
  • View Court Documents
  • (#4) 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 10/29/2018) (sac) Transmission to Docket Assistant Clerk for processing. (Entered: 10/29/2018)

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  • 10/02/2018
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  • (#3) PRISONER AUTHORIZATION. Document filed by Frederick Funes.(rdz) (Entered: 10/03/2018)

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  • 10/02/2018
  • Case Designated ECF. (rdz) (Entered: 10/03/2018)

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  • 10/02/2018
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  • (#2) COMPLAINT against The City of New York, The Department of Corrections. Document filed by Frederick Funes.(rdz) (Entered: 10/03/2018)

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  • 10/02/2018
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  • (#1) REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Frederick Funes.(rdz) (Entered: 10/03/2018)

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