BABAYOFF v. OCEAN COUNTY NEW JERSEY et al
| YAIR ISRAEL BABAYOFF |
| OCEAN COUNTY NEW JERSEY, TOWNSHIP OF JACKSON NEW JERSEY and TOWNSHIP OF TOM RIVER NEW JERSEY ET AL |
| 3:2022cv05257 |
| August 26, 2022 |
| US District Court for the District of New Jersey |
| Douglas E Arpert |
| Freda L Wolfson |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 31, 2022. A more recent docket listing may be available from PACER.
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Filing 9
TEXT ORDER The Court is aware that this case has been transferred from the United States District Court for the District of Eastern New York and that Plaintiff has filed an application to proceed without prepayment of fees or costs in connection with his Complaint. That said, the Court finds that Plaintiff has failed to satisfy the requirements for in forma pauperis (IFP) status. In addition to not using this District's IFP application form, Plaintiff also left critical sections of his application blank, and therefore, the Court lacks sufficient information to determine Plaintiff's indigent status. As such, Plaintiff's IFP application is denied without prejudice. The Clerk is directed to mail Plaintiff a copy of this District's IFP application (which is also accessible online), so that Plaintiff may refile his request within 21 days, consistent with the guidance provided by this Order. Because Plaintiff has not been granted IFP status, nor has he paid the appropriate filing fee, his Complaint is not deemed filed. Plaintiff is also advised that because his Complaint has not been filed, the request for a temporary restraining order filed with his Complaint is not properly before the Court. Finally, it appears that this case is identical to the case captioned Babayoff v. Ocean County New Jersey, Docket No. 22-cv-5257. Because these cases are identical, the Clerk is directed to dismiss the Complaint in the later filed action, i.e., Docket No. 22-cv-5257, and close that case. Going forward, all filings should occur under docket 22-4807. So Ordered by Chief Judge Freda L. Wolfson on 8/31/2022. (jmm, ) Modified on 8/31/2022 (jmm).
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| ***Civil Case Terminated. (jal, ) |
| Filing 8 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Eastern; Case Number 1:22-cv-05066. Original file certified copy of transfer order and docket sheet received. |
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Filing 7
ORDER: The Clerk of Court is directed to immediately transfer this action to the United States District Court for the District of New Jersey. A ruling on whether Plaintiff should be permitted to proceed further without prepayment of fees, granted immediate injunctive relief, or granted his application for the Court to request counsel is reserved for the transferee Court. See ECF Nos. #2 , #3 , #5 . The Court offers no opinion on the merits of this action. Rule 83.1 of the Local Rules for the Eastern District of New York, which requires a seven-day delay in the transfer of relevant case materials, is waived. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Ordered by Judge Hector Gonzalez on August 26, 2022. (Neptune, Pierre)
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| Filing 6 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Chief Judge Freda L. Wolfson and Magistrate Judge Douglas E. Arpert added. (kht) |
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Case transferred to District of New Jersey. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. Ordered by Judge Hector Gonzalez on August 26, 2022. (Neptune, Pierre)
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| Filing 5 Unsigned Order to Show Cause by Yair Israel Babayoff (Attachments: #1 Affidavit in Support, #2 Affirmation of Service) (Davis, Kimberly) |
| Filing 4 Urgent Letter dated August 25, 2022 to the Judge. Filed by Yair Israel Babayoff. (Davis, Kimberly) |
| Filing 3 MOTION to Appoint Counsel by Yair Israel Babayoff. (Attachments: #1 IFP in Support of Application) (Davis, Kimberly) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Yair Israel Babayoff. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Ocean County New Jersey, Township of Jackson New Jersey, Township of Tom River New Jersey et al, filed by Yair Israel Babayoff. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
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