Walker v. Brookdale Plaze University Hospital and Medical Center et al
| Ross Daniel Walker |
| Brookdale Plaze University Hospital and Medical Center and Brookdale Plaze, Brookdale Security Company |
| 1:2022cv02133 |
| April 11, 2022 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Ann M Donnelly |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
Docket Report
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| Filing 9 CLERK'S JUDGMENT 5/18/2022 that the case is dismissed without prejudice for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(h)(3), and for failure to state a claim pursuant to 28:1915(e)(2)(B)(ii); that pursuant to 28:1915(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 any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). ( Ordered by Jalitza Poveda, Deputy Clerk on behalf of Brenna B. Mahoney, Clerk of Court on 5/18/2022 ) c/m to plaintiff w/appeals pkg. (Guzzi, Roseann) |
Filing 8
MEMORANDUM AND ORDER. The action is dismissed without prejudice for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(h)(3), and for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2)(B)(ii). 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. The Clerk of Court is respectfully directed to enter judgment, and to mail a copy of this order to the plaintiff and note the mailing on the docket. Ordered by Judge Ann M. Donnelly on 5/16/2022. (Greene, Donna)
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| Filing 7 AMENDED COMPLAINT against Brookdale Plaze University Hospital and Medical Center, filed by Ross Daniel Walker. (Guzzi, Roseann) |
| Filing 6 Letter dated 4/20/2022 from Ross Daniel Walker, plaintiff pro se requesting a private hearing and does not wish to have a jury trial. (Guzzi, Roseann) |
| Filing 5 NOTICE of Change of Address: Ross Daniel Walker 305 Martense St Apt. 3F Brooklyn, NY 11226. (Docket Sheet Updated) (Almonte, Giselle) |
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Filing 4
MEMORANDUM AND ORDER. The complaint is dismissed for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(h)(3), and for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2)(B)(ii). Because the plaintiff is proceeding pro se, I grant him leave to amend his complaint within 30 days of the date of this order. The plaintiff is advised that an amended complaint completely replaces the original complaint, so he must include in the amended complaint all the necessary information to support his claims. Any amended complaint must be captioned Amended Complaint and bear the same docket number as this order (22-CV-2133 (AMD) (LB)). 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 be entered. 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. The Clerk of Court is respectfully directed to mail a copy of this order to the plaintiff and to note mailing on the docket. Ordered by Judge Ann M. Donnelly on 4/20/2022. (Greene, Donna)
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| 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 Ross Daniel Walker. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants, filed by Ross Daniel Walker. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
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