UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
April 1, 2011
SHAWN GREEN, 97A0801, PLAINTIFF,
DONALD 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,
The opinion of the court was delivered by: Michael A. Telesca United States District Judge
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 Judgment 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. The request to file a late notice of appeal is granted. 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.
S/ MICHAEL A. TELESCA
Rochester, New York
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