Gordon v. NYCPD Pct. 72 et al
| Jermaine O. Gordon |
| Detective #903509 and NYCPD Pct. 72 |
| 1:2019cv00975 |
| February 19, 2019 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| LaShann DeArcy Hall |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 9
MEMORANDUM AND ORDER: For the reasons set forth in the attached memorandum and order, Plaintiff's request #1 to proceed in forma pauperis pursuant to 28 U.S.C. 1915 is GRANTED, and the complaint is DISMISSED pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A. Plaintiff is granted leave to file an amended complaint within 30 days from the entry of this memorandum and order. Cruz v. Gomez, 202 F.3d 593 (2d Cir. 2000). The amended complaint must be captioned as an "Amended Complaint" and bear the same docket number as this order. Failure to file an amended complaint with 30 days, as directed by this memorandum and order, will result in Plaintiffs case being dismissed for failure to prosecute. 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 the purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully directed to mail a copy of this order to the pro se litigant. Ordered by Judge LaShann DeArcy Hall on 4/18/2019. (Valentin, Winnethka)
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| Filing 8 Mail Returned as Undeliverable. Notice returned to sender. Postal Notation: Undeliverable as addressed. (Ramesar, Thameera) |
| Filing 7 Letter to Warden or Superintendent from Douglas C. Palmer re the Prisoner Authorization that requests and authorizes the agency to send a certified copy of plaintiff's prison trust fund account for the past six months to the Court. The prisoner authorization further requests and authorizes your agency to calculate the amounts specified by 28 U.S.C. 1915, to deduct those amounts from plaintiff's prison trust fund account (or institutional equivalent) and to disburse those amounts to this Court. C/mailed to Warden, Anna M. Kross Correctional Facility. (See letter for details) ( C/mailed to Warden). (Ramesar, Thameera) |
| 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. (Bowens, Priscilla) |
| Filing 5 Case transferred in from District of New York Southern; Case Number 1:19-cv-00191. Original file certified copy of transfer order and docket sheet received. |
| Mailed a copy of #4 Transfer Order E.D.N.Y. (Complaint)(case opening only), to Jermaine O. Gordon 241-17-01299 West Facility 1606 Hazen St. East Elmhurst, NY 11370. (vba) [Transferred from New York Southern on 2/19/2019.] |
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Filing 4
TRANSFER ORDER. The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Eastern District of New York. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes this case. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Colleen McMahon on 2/11/2019) (rjm) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 2/19/2019.]
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| Transmission to Office of the Clerk of Court. Transmitted re: #4 Transfer Order E.D.N.Y. (Complaint) (case opening only) to the Office of the Clerk of Court for processing. (rjm) [Transferred from New York Southern on 2/19/2019.] |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (rjm) [Transferred from New York Southern on 2/19/2019.] |
| MOTION for Leave to Proceed in forma pauperis SEE ENTRY #1 by Jermaine O. Gordon. (Bowens, Priscilla) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Jermaine O. Gordon.(rdz) [Transferred from New York Southern on 2/19/2019.] |
| Filing 2 COMPLAINT against Detective #903509, NYCPD Pct. 72. Document filed by Jermaine O. Gordon.(rdz) [Transferred from New York Southern on 2/19/2019.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jermaine O. Gordon.(rdz) [Transferred from New York Southern on 2/19/2019.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 2/19/2019.] |
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