Francis v. City of New York et al
| Hopeton Francis |
| Eulik Sampson, Edwin Gould, City of New York and Supervisors John Doe |
| 1:2019cv04554 |
| August 7, 2019 |
| US District Court for the Eastern District of New York |
| William F Kuntz |
| Ramon E Reyes |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 23, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 15 CLERK'S JUDGMENT: ORDERED and ADJUDGED that this action is dismissed; that pursuant to 28 U.S.C. 1915(a)(3) that any appeal 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 behalf of Douglas C. Palmer, Clerk of Court on 9/20/2019. (Tavarez, Jennifer) |
Filing 14
ORDER: By Memorandum and Order dated August 12, 2019, the Court granted Plaintiff's request to proceed in forma pauperis pursuant to 28 U.S.C. 1915. The Court also dismissed Plaintiff's claim against the City of New York for failure to state a claim upon which relief may be granted pursuant to Rule l2(b)(6) of the Federal Rules of Civil Procedure. Plaintiff was granted thirty (30) days from the date of the Memorandum and Order to submit an amended complaint and was advised if he failed to amend the complaint within 30 days, judgment shall enter. Plaintiff has failed to file an amended complaint. Accordingly, the action is dismissed, and the Clerk of Court is directed to enter judgment closing the 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 the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).SO Ordered by Judge William F. Kuntz, II on 9/18/2019. (Tavarez, Jennifer)
|
|
ORDER granting Motion for Leave to Proceed in forma pauperis as per Decision and Order #13 . SO Ordered by Judge William F. Kuntz, II on 8/12/2019. (Tavarez, Jennifer)
|
|
Filing 13
DECISION AND ORDER: Accordingly, Plaintiffs complaint, filed in forma pauperis, is dismissed against the City of New York, for failure to state a claim upon which relief may be granted. See 28 U.S.C. 1915A. Plaintiff is granted thirty days leave from the date of this Order to file an amended complaint as detailed above. Any amended complaint Plaintiff elects to file will be reviewed for sufficiency. 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 the purpose of an appeal. So Ordered by Judge William F. Kuntz, II on 8/12/2019. c/m by Marc V. Brown (Brown, Marc)
|
| Filing 12 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 11 Case transferred in from District of New York Southern; Case Number 1:19-cv-03399. Original file certified copy of transfer order and docket sheet received. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York (mro) [Transferred from New York Southern on 8/7/2019.] |
|
Filing 10
TRANSFER ORDER: The Clerk of Court is directed to 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 Clerk of Court is directed to docket this as a "written opinion" within the meaning of Section 205(a)(5) of the E-Government Act of 2002. 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). (Signed by Judge Colleen McMahon on 7/31/2019) (mro) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 8/7/2019.]
|
| Mailed a copy of #10 Order, to Hopeton Francis DIN No. 19-R-0749 187-11 Liberty Ave. Queens, NY 11412. (vba) [Transferred from New York Southern on 8/7/2019.] |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Hopeton Francis DIN No. 19-R-0749 187-11 Liberty Ave. Queens, NY 11412 on 7/31/2019. (nb) [Transferred from New York Southern on 8/7/2019.] |
| Filing 9 LETTER from H. Francis, re: Plaintiff informs the Court that his new address is as follows: 187-11 Liberty Ave., Queens, New York 11412. Document filed by Hopeton Francis; and Plaintiff requests to be informed as to how to proceed.(sc) [Transferred from New York Southern on 8/7/2019.] |
| Request for Copy of the updated Docket Sheet Received: Re #9 Letter. Request for Docket Report, from H. Francis received on 7/29/19. Transmission to Pro Se Assistants for processing. (sc) [Transferred from New York Southern on 8/7/2019.] |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Hopeton Francis DIN No. 19-R-0749 Willard Drug Treatment Campus 7116 County Route 132 P.O. Box 303 Willard, NY 14588-030 on 5/31/2019. (nb) [Transferred from New York Southern on 8/7/2019.] |
| Filing 8 LETTER from H. Francis, re: Plaintiff informs the Court that he sent a letter requesting permission to amend because he found the name of said officer John Doe; and he again asks the Court to acknowledge his submission and answer the request to amend the complaint. Document filed by Hopeton Francis.(sc) [Transferred from New York Southern on 8/7/2019.] |
| Request for Copy of the updated Docket Sheet Received: Re #8 Letter. Request for Docket Report, from Hopeton Francis received on 5/29/19. Transmission to Pro Se Assistants for processing. (sc) [Transferred from New York Southern on 8/7/2019.] |
| MOTION for Leave to Proceed in forma pauperis SEE ENTRY #6 by Hopeton Francis. (Bowens, Priscilla) |
| Filing 7 PRISONER AUTHORIZATION. Document filed by Hopeton Francis.(sc) [Transferred from New York Southern on 8/7/2019.] |
| Filing 6 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Hopeton Francis.(sc) [Transferred from New York Southern on 8/7/2019.] |
| Filing 5 LETTER addressed to Judge Colleen McMahon from H. Francis, re: Plaintff requests that the Court allow him/her to amend the complaint in this action, because he has found the name of Officer John Doe etc. Document filed by Hopeton Francis.(sc) [Transferred from New York Southern on 8/7/2019.] |
| Filing 4 LETTER from Hopeton Francis re: I am writing to let you know that I moved and my new address is: Willard Drug Treatment Campus, 7116 County Route 132, P.O. Box 303, Willard, NY 14588-030. Document filed by Hopeton Francis.(rdz) [Transferred from New York Southern on 8/7/2019.] |
| Mailed a copy of #1 Order, to Hopeton Francis DIN No. 19-R-0749 Willard Drug Treatment Campus 7116 County Route 132 P.O. Box 303 Willard, NY 14588-030. (vba) [Transferred from New York Southern on 8/7/2019.] |
|
Filing 3
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 5/20/2019. In Forma Pauperis (IFP) Application due by 5/20/2019. Prisoner Authorization Form due by 5/20/2019. (Signed by Judge Colleen McMahon on 4/18/2019) (Attachments: #1 IFP Application, #2 Prisoner Authorization)(dmg) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 8/7/2019.]
|
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (bcu) [Transferred from New York Southern on 8/7/2019.] |
| Mailed a copy of #3 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to Hopeton Francis DIN No. 19-R-0749 Willard Drug Treatment Campus 7116 County Route 132 P.O. Box 303 Willard, NY 14588-030. (vba) [Transferred from New York Southern on 8/7/2019.] |
| Transmission to Docket Assistant Clerk. Transmitted re: #1 Order, to the Docket Assistant Clerk for case processing. Docket Sheet. (rdz) [Transferred from New York Southern on 8/7/2019.] |
| Filing 2 COMPLAINT against City of New York, Edwin Gould, John Doe, Eulik Sampson. Document filed by Hopeton Francis.(rdz) Modified on 4/18/2019 (sac). [Transferred from New York Southern on 8/7/2019.] |
|
Filing 1
(DUPLICATE ORIGINAL) ORDER. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court directs the Clerk of Court to treat Plaintiff's complaint, filed as docket entry number 6 in this closed case, as a new civil rights action. 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. re: 6 Amended Complaint filed by Hopeton Francis. (Signed by Judge Colleen McMahon on 4/15/2019) (rdz) [Transferred from New York Southern on 8/7/2019.]
|
| Case Designated ECF. (rdz) [Transferred from New York Southern on 8/7/2019.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
