JONES v. SMITH

Docket No. 12-401-pr.

720 F.3d 142 (2013)

Michael JONES, Plaintiff-Appellant, v. Joseph SMITH, Superintendent, Shawangunk Correctional Facility, John Maly, Superintendent, Shawangunk Correctional Facility, Pedro Diaz, Regional Health Service Administration, Lt. Gardner, Lieutenant, Shawangunk Correctional Facility, John Rapp, Food Service Administration, Shawangunk Correctional Facility, Maryann Genovese, MD, Shawangunk Correctional Facility, Catherine Wells, Administrative Nurse, Shawangunk Correctional Facility, Rabbi A. Hirowitz, Rabbi, Shawangunk Correctional Facility, Palen, Lieutenant, Shawangunk Correctional Facility, Brooks, Correctional Officer, Shawangunk Correctional Facility, Kimbler, Sergeant, Shawangunk Correctional Facility, William Brown, Superintendent, Eastern Correctional Facility, Thomas Griffin, Dept. Superintendent, Eastern Correctional Facility, Mikhail Gusman, MD, Eastern Correctional Facility, Olga Khramova, Nurse, Eastern Correctional Facility, Louis Pingotti, Captain, Eastern Correctional Facility, Steven Schoonmaker, Correctional Officer, Eastern Correctional Facility, Jane Doe, Sergeant, Eastern Correctional Facility, Earnel Bodison, Correctional Counselor, Shawangunk Correctional Facility, Brian Fischer, Commissioner of Corrections, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 19, 2013.


Attorney(s) appearing for the Case

Gabrielle Glemann ( Vilia B. Hayes and Marc B. Weinstein , on the brief), Hughes, Hubbard & Reed LLP, New York, NY, for Plaintiff-Appellant.

Kate H. Nepveu , Assistant Solicitor General, for Eric T. Schneiderman , Attorney General of the State of New York, for Defendants-Appellees.

Before: LEVAL, KATZMANN, and HALL, Circuit Judges.


KATZMANN, Circuit Judge:

Plaintiff-Appellant Michael Jones, an inmate in the New York correctional system, appeals from a judgment of the United States District Court for the Northern District of New York (Sharpe, C.J.). The district court denied Jones's motion to proceed in forma pauperis and entered a conditional order dismissing Jones's civil rights complaint if he failed to pay the required filing fee. This appeal raises an issue of first impression...

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