Moncion v. North Well Health Staten Island University Hospital et al
| Betty M. Moncion |
| North Well Health Staten Island University Hospital, Staten Island University Hospital and North Well Staten Island University Hospital |
| 1:2021cv00377 |
| January 22, 2021 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Ann M Donnelly |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
Docket Report
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Filing 6
MEMORANDUM AND ORDER. I dismiss the plaintiff's complaint for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) and for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(h)(3). Any state law claims are dismissed without prejudice. In an abundance of caution, I give the plaintiff leave to file an amended complaint within 30 days of the date of this order. Any amended complaint must be captioned Amended Complaint and bear the same docket number as this order (21-CV-377 (AMD) (LB)). The plaintiff is advised that any amended complaint will completely replace the original complaint, so she should not rely on any allegations in the original complaint. No summons will issue at this time and all further proceedings will be stayed for 30 days. If the plaintiff does not file an amended complaint within 30 days, judgment dismissing this action will enter. 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 (1962). Ordered by Judge Ann M. Donnelly on 2/4/2021. (Greene, Donna)
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| 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. (Bowens, Priscilla) |
| Filing 4 Case transferred in from District of New York Southern; Case Number 1:20-cv-10805. Original file certified copy of transfer order and docket sheet received. |
| Mailed a copy of #3 Order, to Betty M. Moncion at P.O. Box 90506, Brooklyn, NY 11209. (dsh) [Transferred from New York Southern on 1/22/2021.] |
| 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. (sac) [Transferred from New York Southern on 1/22/2021.] |
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Filing 3
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 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). (Signed by Judge Colleen McMahon on 1/15/2021) (sac) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 1/22/2021.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (vba) [Transferred from New York Southern on 1/22/2021.] |
| MOTION for Leave to Proceed in forma pauperis SEE ENTRY #1 by Betty M. Moncion. (Bowens, Priscilla) |
| Filing 2 COMPLAINT against North Well Health Staten Island University Hospital, North Well Staten Island University Hospital, Staten Island University Hospital. Document filed by Betty M. Moncion..(rdz) [Transferred from New York Southern on 1/22/2021.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Betty M. Moncion..(rdz) [Transferred from New York Southern on 1/22/2021.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 1/22/2021.] |
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