Petties v. Smalls

District Court, S.D. New York

Petties v. Smalls

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TIMOTHY DEROME PETTIES, ESQ., Plaintiff, 20-CV-4976 (CM) -against- KISHA SMALLS, Warden; D. RIVIEZZO, ORDER Judge, Defendants. COLLEEN McMAHON, Chief United States District Judge: On June 5, 2020, Plaintiff filed a pro se complaint under

42 U.S.C. § 1983

, alleging that defendants violated his federal constitutional rights. The Clerk of Court opened that complaint under civil case number 20-CV-4350 (UA). On June 25, 2020, the Court received a submission from Plaintiff that included a copy of the original complaint with additional supporting documents, and a cover letter indicating that he is submitting the documents in support of the claims in his original filing. But the Clerk of Court opened Plaintiff’s letter as a new civil action under this docket number, 20-CV-4976 (CM). Because Plaintiff makes it clear that he submitted the documents that were opened as a new action as a supplement to his complaint under case number 20-CV-4350 (UA), this duplicate action was opened in error. The Clerk of Court is therefore directed to administratively close this action. The Clerk of Court is further directed to mail a copy of this order to Plaintiff and note service on the docket. This order closes the case under this docket number, 20-CV-4976 (CM). 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. Dated: July 9, 2020 . New York, New York hie. hb hich Chief United States District Judge

Reference

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