Spain v. Lowery
| Russell Spain |
| Dionne Lowery |
| 1:2019cv02158 |
| April 12, 2019 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Kiyo A Matsumoto |
| Mandamus & Other |
| 28 U.S.C. ยง 1651 Petition for Writ of Mandamus |
| None |
Docket Report
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This docket was last retrieved on May 29, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 JUDGMENT in favor of Dionne Lowery against Russell Spain. That this action is dismissed, without prejudice, for failure to state a claim on which relief may be granted pursuant to 28 U.S.C. 1915(e)(2) (B); that pursuant to 28 U.S.C. 1915(a)(3), any appeal from this order would not be taken in good faith;and that in forma pauperis status is denied for the purpose of an appeal, Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Ordered by Jalitza Poveda, Deputy Clerk on 5/29/2019) c/m (Galeano, Sonia) |
Filing 7
MEMORANDUM AND ORDER, Plaintiff's request to proceed in forma pauperis pursuant to 28 U.S.C. 1915 is granted for the purpose of this Memorandum and Order. However, for the reasons set forth below, this action is dismissed. Accordingly, this action is dismissed, without prejudice, for failure to state a claim on which relief may be granted pursuant to 28 U.S.C. 1915(e),(2) (B). 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 denies in forma pauperis status 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 serve a copy of this Memorandum and Order on the pro se plaintiff and to note service on the docket. The Clerk of Court is further directed to enter judgment dismissing this case. (Ordered by Judge Kiyo A. Matsumoto on 5/23/2019) C/M Fwd. for Judgment. (Galeano, Sonia) (Galeano, Sonia)
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| Filing 6 NOTICE of Copy of Petition for an Expedited Writ in the Nature of Mandamus file in the U.S.C.A., 2nd Circuit. (Lee, Tiffeny) |
| Filing 5 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 4 Case transferred in from District of New York Southern; Case Number 1:19-cv-02992. Original file certified copy of transfer order and docket sheet received. |
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Filing 3
TRANSFER ORDER. The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Petitioner, 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 Petitioner 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 4/5/2019) (rjm) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 4/12/2019.]
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| Mailed a copy of #3 Transfer Order E.D.N.Y. (Complaint)(case opening only), to Russell Spain 2027 Pacific Street Apt. 3F Brooklyn, NY 11233. (aea) [Transferred from New York Southern on 4/12/2019.] |
| 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 4/12/2019.] |
| Filing 2 COMPLAINT/PETITION FOR WRIT OF MANDAMUS. Document filed by Russell Spain.(sac) [Transferred from New York Southern on 4/12/2019.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Russell Spain. (sac) [Transferred from New York Southern on 4/12/2019.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 4/12/2019.] |
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| Defendant: Dionne Lowery | |
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