Green v. Selsky et al

Filing 12

ORDER that the court construes plaintiff's letters of 12/11/09 and 1/15/10 as requests to file a late notice of Appeal, plaintiff's request to file a late notice of appeal is granted. re 11 USCA Order. Permission to proceed IFP was denied on appeal, requests to proceed IFP on appeal must be directed on motion to the US Court of Appeals for the Second Circuit. Signed by Hon. Michael A. Telesca on 4/1/2011. (TO)

-PS-O-

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK SHAWN GREEN, 97A0801, Plaintiff, -vDONALD SELSKY, former Director, Special Housing/Inmate Disciplinary Program; JAMES CONWAY, Superintendent Attica Correctional Facility; Captain DEANGELO; A.C. POLAK, Lieutenant; J. ALGIER, Correction Counselor; P. SIGONA and R. SMITH, Sergeant, Defendants. 09-CV-6392CJS ORDER

Plaintiff's

complaint

was

dismissed

by

Order

signed

on

November 25, 2009 and entered December 1, 2009 (Docket # 8). Plaintiff thereafter, by letter dated December 11, 2009, informed the Court that it had received the Judgement dismissing the case, but not the Order explaining the basis for the dismissal. The

docket noted on January 6, 2010 that plaintiff had not received the Order, and the order was resent to plaintiff. By letter dated

January 15, 2010, plaintiff filed a notice of appeal (Docket No. 10). The Court hereby construes the plaintiff's letters of December 11, 2009 and January 15, 2010 (Docket No. 10) as requests to file a late notice of appeal. appeal is granted. The request to file a late notice of

Permission to proceed in forma pauperis was

denied on appeal.

Request to proceed in forma pauperis on appeal

must be directed on motion to the United State Court of Appeals for the Second Circuit. SO ORDERED. S/ MICHAEL A. TELESCA MICHAEL A. TELESCA United States District Judge Dated: April 1, 2011 Rochester, New York

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