Anderson v. Modica
| Gean Anderson |
| Salvatore Modica |
| 1:2018cv06990 |
| December 7, 2018 |
| US District Court for the Eastern District of New York |
| William F Kuntz |
| Ramon E Reyes |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 8 CLERK'S JUDGMENT: ORDERED and ADJUDGED that the complaint is dismissed for lack of subject matter jurisdiction, see Fed. R. Civ. P. 12(h)(3), and as frivolous because Defendant is absolutely immune from suit, Fitzgerald, 221 F.3d at 363-64; Montero, 171 F.3d at 760; that the Court declines to afford Plaintiff a chance to amend her complaint, see Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000); that pursuant to 28 U.S. C. 1915(a)(3), any appeal would not be taken in good faith; and that in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).Ordered by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on 1/23/2019. (Tavarez, Jennifer) |
Filing 7
MEMORANDUM AND ORDER: The complaint is dismissed for lack of subject matter jurisdiction, see Fed.R.Civ.P. 12(h)(3), and as frivolous because Defendant is absolutely immune from suit. Fitzgerald, 221 F.3d at 363-64; Montero, 171 F.3d at 760. The Court declines to afford Plaintiff a chance to amend her complaint, see Cuoco v. Moritsugu , 222 F.3d 99, 112 (2d Cir. 2000),because a review of the complaint finds Plaintiff has not adequately pleaded any potentially viable claims. Any state law claims are dismissed without prejudice. Although Plaintiff paid the filing fee, the Court certifies pursuant to 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 purpose ofan appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).SO Ordered by Judge William F. Kuntz, II on 1/22/2019. (Tavarez, Jennifer)
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| Filing 6 SUMMONS Returned Executed by Gean Anderson. Salvatore Modica served on 12/7/2018, answer due 12/28/2018. (Tavarez, Jennifer) |
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ORDER granting #5 Motion for Extension of Time to File. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/26/2018. (Reyes, Ramon)
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ORDER terminating #4 Motion for Extension of Time to File Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/26/2018. (Reyes, Ramon)
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| Filing 5 Amended MOTION for Extension of Time to File Response to Complaint by Salvatore Modica. (Wright, Alissa) |
| Filing 4 First MOTION for Extension of Time to File Response to Complaint by Salvatore Modica. (Wright, Alissa) |
| Filing 3 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) |
| Filing 2 Summons Issued as to Salvatore Modica. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Salvatore Modica, filed by Gean Anderson. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
| FILING FEE: $ 400, receipt number 26696 (Davis, Kimberly) |
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| Plaintiff: Gean Anderson | |
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| Defendant: Salvatore Modica | |
| Represented By: | Alissa Schecter Wright |
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