Jones v. SoundsGoodmusic, LLC
| Michael J. Jones |
| SoundsGoodmusic, LLC |
| 1:2019cv05586 |
| September 30, 2019 |
| US District Court for the Eastern District of New York |
| William F Kuntz |
| Steven Tiscione |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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| Filing 7 FILING FEE: $ 350.00, receipt number 4653145517 from NYSDOCCS for Michael J. Jones. (Tavarez, Jennifer) |
| Filing 6 CLERK'S JUDGMENT: ORDERED and ADJUDGED that the complaint is dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(ii); 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 purpose of an appeal. Coppedge v. United States, 269 U.S. 438, 444-45 (1962). Ordered by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on 10/9/2019. (Tavarez, Jennifer) |
Filing 5
MEMORANDUM and ORDER: Plaintiff's request to proceed in forma pauperis #2 pursuant to 28 U.S.C. 1915 is granted. The complaint is dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(ii). Whereas ordinarily the Court would allow plaintiff an opportunity to amend his complaint, see Cruz v. Gomez, 202 F.3d 593, 597-98 (2d Cir. 2000), it need not afford that opportunity herewhere it is clear from plaintiff's submission that any attempt to amend the complaint would be futile. See Ashmore v. Prus, 510 Fed. Appx. 47, 49 (2d Cir. 2013) (leave to amend is futile where barriers to relief cannot be surmounted by reframing the complaint); see also Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000) (denying leave to amend a pro se complaint where amendment would be futile). 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. Coppedge v. United States , 269 U.S. 438, 444-45 (1962). SO Ordered by Judge William F. Kuntz, II on 10/7/2019. (Tavarez, Jennifer)
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| Filing 4 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 3 Notice to Pay Civil Filing Fee - Prisoner Case. Pursuant to 28 U.S.C. 1915 (as amended July 26, 1996), plaintiff/petitioner is proceeding in forma pauperis and must pay the total $350 fee by monthly installments deducted from plaintiffs/petitioners prison trust fund account (or institutional equivalent). Original letter sent to the Warden/Superintendent of Correctional Facility. (Davis, Kimberly) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Michael J. Jones. (Davis, Kimberly) |
| Filing 1 COMPLAINT against SoundsGoodmusic, LLC, filed by Michael J. Jones. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
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| Defendant: SoundsGoodmusic, LLC | |
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| Plaintiff: Michael J. Jones | |
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