McCarthy v. Pfizer, Inc.
| Ana McCarthy |
| Pfizer, Inc. |
| 1:2022cv09455 |
| November 4, 2022 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Contract: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on December 13, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 7
ORDER granting #6 Motion to Withdraw #6 MOTION to Withdraw. The Court is in receipt of Plaintiff's above letter, in this case that the Court dismissed on November 14, 2022. (Dkt. #4). Plaintiff's supplemental representations, many of which do not appear to relate to the allegations contained in Plaintiff's Complaint (Dkt. #1), do not alter the Court's analysis that this case is frivolous and that Plaintiff lacks standing. In any event, Plaintiff now appears to suggest that she would like to "withdraw" her Complaint in this matter, despite the fact that the Court has already dismissed this case. Accordingly, this case shall remain closed. The Court will not consider further letters from Plaintiff unrelated to the allegations in the Complaint. The Clerk of Court is directed to terminate the pending motion at docket entry 6. The Clerk of Court is further directed to mail this endorsement to Plaintiff's address of record. (Signed by Judge Katherine Polk Failla on 12/13/2022) (rro)
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| MAILING RECEIPT: Document No: 7. Mailed to: Ana McCarthy 209 Spencer Street Apt. 2C New York, NY 11205. (dsh) |
| Filing 6 MOTION TO WITHDRAW IN VIEW OF OTHER COMPLAINTS ETC. Document filed by Ana McCarthy.(sc) |
| MAILING RECEIPT: Document No: 4. Mailed to: Ana McCarthy 209 Spencer Street Apt. 2C New York, NY 11205. (dsh) |
| Filing 5 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Pfizer, Inc. served on 11/14/2022, answer due 12/5/2022. Service was accepted by (unnamed at CT Corp., 28 Liberty Street, New York, NY.) Document filed by Ana McCarthy. (sc) |
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Filing 4
ORDER OF DISMISSAL: Plaintiff's complaint is dismissed as frivolous under 28 U.S.C. 1915(e)(2)(B)(i). 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when she seeks review of a nonfrivolous issue). The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. The Clerk of Court is further directed to mail a copy of this Order to Plaintiff at her address of record. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/14/2022) (rro)
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| Filing 2 UNSIGNED ORDER TO SHOW CAUSE for Preliminary Injunction and Temporary Restraining Order filed by Ana McCarthy..(rdz) |
| Filing 1 COMPLAINT against Pfizer, Inc.. (Filing Fee $ 402.00, Receipt Number 8127)Document filed by Ana McCarthy..(rdz) |
| Case Designated ECF. (rdz) |
| Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (rdz) |
| SUMMONS ISSUED as to Pfizer, Inc...(rdz) |
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| Plaintiff: Ana McCarthy | |
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| Defendant: Pfizer, Inc. | |
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