Hall v. Shellpoint Mortgage Servicing LLC
| Anthony Winston Hall |
| Shellpoint Mortgage Servicing LLC |
| 1:2019cv01807 |
| March 29, 2019 |
| US District Court for the Eastern District of New York |
| Cheryl L Pollak |
| Eric N Vitaliano |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 14, 2019. A more recent docket listing may be available from PACER.
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| Filing 10 JUDGMENT in favor of Shellpoint Mortgage Servicing LLC against Anthony Winston Hall. That the action is dismissed; that pursuant to 28 U.S.C. 1915(a)(3), any appeal would not be taken in good faith; that in forma pauperis status is denied for the purpose of an appeal; See Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 8 L. Ed. 2d 21 (1962); and that the case is closed. (Ordered by Tiffany Campbell, Deputy Clerk on 6/14/2019) c/m Appeals Package sent to Pltff. (Galeano, Sonia) |
Filing 9
ORDER DISMISSING CASE, Over 30 days have passed, but plaintiff has neitherfiled an amended complaint nor sought to extend his time to do so. Accordingly, this action is dismissed. Regardless of whether and by whom any filing fees may have been paid to commence this action, the Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal would not be taken in good faith and, therefore, in forma pauperis status is denied for purpose of apped. SeeCoppedge v. United States, 369 U.S. 438,444-45, 82 S. Ct. 917, 8 L. Ed. 2d 21 (1962). The Clerk of Court is directed to mail a copy of this Order to plaintiff, to enter judgment accordingly, and to close this case. (So Orderedby Judge Eric N. Vitaliano on 6/12/19) C/M Fwd. for Judgment. (Galeano, Sonia)
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Filing 8
MEMORANDUM AND ORDER: Accordingly, rather than dismiss his complaint outright, plaintiff is granted 30 days leave from the date this Order is entered on the docket to file an amended complaint that must comply with Rule 8(a) of the Federal Rules of Civil Procedure. Should plaintiff elect to file an amended complaint, the amended complaint must state the basis for federal jurisdiction, set forth the factual allegations to support his claims against the named defendant in a clear and concise manner, and state the relief that he is seeking with respect thereto. Plaintiff must identify each defendant in both the caption and the body of the amended complaint, and name as proper defendants those individuals who have some personal involvement in the actions he alleges in the amended complaint. Plaintiff must also provide the dates and locations for each relevant event. Hall is further advised that an amended complaint does not simply add to the first complaint. Once an amended complaint is filed, it completely replaces the original. Therefore, plaintiff must include in the amended complaint all the necessary information that was contained in the original complaint (to the extent there was any). The amended complaint must be captioned as an "Amended Complaint" and bear the same docket number as this order. Hall is also notified that if he fails to file an amended complaint that complies with this Order within the time granted, this action will be dismissed as frivolous and the dismissal will be with prejudice. Although plaintiff paid the filing fee, the Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal would not be taken in good faith, and, therefore, in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 8 L. Ed. 2d 21 (1962).The Clerk of Court is directed to mail a copy of this order to plaintiff. Ordered by Judge Eric N. Vitaliano on 4/19/2019. (Siegel, Max)
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Filing 7
MEMORANDUM AND ORDER, Rather than dismiss his complaint outright, plaintiff is granted 30 days leave from the date this Order is entered on the docket to file an amended complaint that must comply with Rule 8(a) of the Federal Rules of Civil Procedure. Should plaintiff elect to file an amended complaint, the amended complaint must state the basis for federal jurisdiction, set forth thefactual allegations to support his claims against the named defendant in a clear and concise manner, and state the relief that he is seeking with respect thereto. Plaintiff must identify each defendant in both the caption and the body of the amended complaint, and name as proper defendants those individuals who have some personal involvement in the actions he alleges in the amended complaint. Plaintiff must also provide the dates and locations for each relevantevent. Hall is further advised that an amended complaint does not simply add to the first complaint. Once an amended complaint is filed, it completely replaces the original. Therefore, plaintiff must include in the amended complaint all the necessary information that was contained in the original complaint (to the extent there was any). The amended complaint must be captioned as an "Amended Complaint" and bear the same docket number as this order. Hall is also notified that if he fails to file an amended complaint that complies with this Order within the time granted, this action will be dismissed as frivolous and the dismissal will be with prejudice. Although plaintiff paid the filing fee, the Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal would not be taken in good faith, and, therefore, in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States^ 369 U.S. 438, 444-45,82 S. Ct. 917, 8 L. Ed. 2d 21 (1962). The Clerk of Court is directed to mail a copy of this order to plaintiff. (Ordered by Judge Eric N. Vitaliano on 4/19/2019) c/m (Galeano, Sonia)
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ORDER: In light of #7 the Court's order granting plaintiff leave to file an amended complaint, #5 defendant's request for a briefing schedule is denied as moot, without prejudice to its refiling after plaintiff files an amended complaint or after the deadline for filing an amended complaint expires. Ordered by Judge Eric N. Vitaliano on 4/25/2019. (Siegel, Max)
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| Filing 6 SUMMONS Returned Executed by Anthony Winston Hall. Shellpoint Mortgage Servicing LLC served on 4/1/2019, answer due 4/22/2019. (Galeano, Sonia) |
| Filing 5 Letter Requesting Briefing Schedule by Shellpoint Mortgage Servicing LLC (Smith, Jordan) |
| Filing 4 NOTICE of Appearance by Jordan Michael Smith on behalf of Shellpoint Mortgage Servicing LLC (aty to be noticed) (Smith, Jordan) |
| 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. (Williams, Erica) |
| Filing 2 Summons Issued as to Shellpoint Mortgage Servicing LLC. (Williams, Erica) |
| Filing 1 COMPLAINT against Shellpoint Mortgage Servicing LLC, filed by Anthony Winston Hall. (Attachments: #1 Civil Cover Sheet) (Williams, Erica) |
| FILING FEE: $ 400.00, receipt number 4653138481 (Williams, Erica) |
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| Defendant: Shellpoint Mortgage Servicing LLC | |
| Represented By: | Jordan Michael Smith |
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| Plaintiff: Anthony Winston Hall | |
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