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WDNY — Prisoner ‘Three Strikes’ Provision: Nealy v. Corrections Officer Kamas, et al.
By: Daily Record Staff//April 7, 2013
WDNY — Prisoner ‘Three Strikes’ Provision: Nealy v. Corrections Officer Kamas, et al.
By: Daily Record Staff//April 7, 2013//
Listen to this articleU.S. District Court, WDNY
Prisoner ‘Three Strikes’ Provision
In Forma Pauperis
Nealy v. Corrections Officer Kamas, et al.
12-cv-6201-cjs
Judge Siragusa
Background: The defendants filed a motion to revoke the plaintiff’s in forma pauperis status alleging that the plaintiff was in violation of the “three strikes” provision of the Prisoner Litigation Reform Act.
Ruling: The District Court granted the motion. The plaintiff had a 2007 case that was dismissed sua sponte for failing to state a cognizable claim. A second case was dismissed for failing to state a claim in 2008. The claimant had also sought legal malpractice in that claim, but it was not addressed as the court declined to exercise supplemental jurisdiction. The claimant had a second 2008 case that was dismissed because the statute of limitations expired.
William Nealy, pro se; Hilel David Deutsch, New York State Office of the Attorney General for the defendants
Case Digests
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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