Hernandez v. Barretto et al
| Jaime Martinez Hernandez |
| Ray Barretto, Robert Bryant, Gabriel Nigeria and Michael Jackson |
| 1:2022cv01235 |
| March 3, 2022 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Pamela K Chen |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 5, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
ORDER: Plaintiff's #6 motion to proceed in forma pauperis on appeal is denied. In the Court's #4 April 1, 2022 Memorandum and Order dismissing Plaintiff's claims, the Court "certifie[d] 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." (Dkt. #4 at 4 (citing Coppedge v. United States, 369 U.S. 438, 444-45 (1962)).) Plaintiff has pointed to no change in circumstance that would warrant altering the Court's prior decision at this juncture. Accordingly, Plaintiff's motion to proceed in forma pauperis on appeal is denied. This case remains closed. Ordered by Judge Pamela K. Chen on 4/14/2022. (Mahkamova, Shirin)
|
| Filing 7 NOTICE OF APPEAL as to #5 Clerk's Judgment, by Jaime Martinez Hernandez. No Fee Paid. (Jones, Vasean) |
| Filing 6 MOTION for Leave to Appeal in forma pauperis Notice of Appeal by Jaime Martinez Hernandez. (Jones, Vasean) |
| Electronic Index to Record on Appeal sent to US Court of Appeals. #7 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Jones, Vasean) |
| Filing 5 CLERK'S JUDGMENT that the Complaint is dismissed without prejudice for lack of subject matter jurisdiction, Fed. R. Civ. P. 12(h)(3); 28 U.S.C. 1915(e)(2)(B); that pursuant to 28 U.S.C. 1915(a)(3), 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, 44445 (1962). Signed Brenna B. Mahoney, Clerk of Court by Jalitza Poveda, Deputy Clerk on 4/4/2022. (c/m with appeals packet to plaintiff) (Lee, Tiffeny) |
|
Filing 4
ORDER DISMISSING CASE: For the reasons stated in the attached Memorandum and Order, Plaintiff's Complaint, filed in forma pauperis, is dismissed without prejudice for lack of subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3); 28 U.S.C. 1915(e)(2)(B). In light of its duty to liberally construe pro se complaints, the Court has considered whether to grant Plaintiff leave to amend his Complaint, but finds that amendment would be futile. See Johnson v. Univ. of Rochester Med. Ctr., 642 F.3d 121, 124-25 (2d Cir. 2011). 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). The Clerk of Court is respectfully directed to enter judgment and close this case. Ordered by Judge Pamela K. Chen on 4/1/2022. (Mahkamova, Shirin) (Main Document 4 replaced on 4/4/2022) (Gonzalez, Fida).
|
| 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. (Bowens, Priscilla) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Jaime Martinez Hernandez. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants, filed by Jaime Martinez Hernandez. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
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.
