Sumar v. The Brooklyn Hospital Center
| Tresha Sumar |
| The Brooklyn Hospital Center |
| 1:2022cv07390 |
| December 5, 2022 |
| US District Court for the Eastern District of New York |
| Marcia M Henry |
| Rachel P Kovner |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
| None |
Docket Report
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This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 7
ORDER re Rule 4(m) of the Federal Rules of Civil Procedure: The Honorable Rachel P. Kovner assigned this case to me for all pretrial purposes. Enclosed is a copy of the Individual Practices of Magistrate Judge Marcia M. Henry. The Court's records reflect that the complaint in this action was filed on December 5, 2022. Rule 4(m) of the Federal Rules of Civil Procedure provides: "If a defendant is not served within 90 days after the complaint is filed, the court on motion or on its own after notice to the plaintiff must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period." Accordingly, if service is not made upon the defendant by March 6, 2023, or plaintiff fails to show good cause why such service has not been effected, it will be recommended that the Court dismiss this action without prejudice. Plaintiff is required to advise the Clerk of Court of any change of address. Failure to keep the Court informed of plaintiff's current address means the Court will not know where to contact plaintiff and may result in dismissal of the case.For information regarding court procedures, plaintiff may contact the Pro Se Office at the United States Courthouse by calling (718) 613-2665 or by visiting the court's website at #www.nyed.uscourts.gov/self-representation. So Ordered by Magistrate Judge Marcia M. Henry on 01/05/2023. (RC)
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| Filing 6 Summons Issued as to The Brooklyn Hospital Center. (IH) |
| Filing 5 FILING FEE: $ 402.00, receipt number 100003685 (IH) |
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ORDER: Plaintiff's motion for leave to proceed in forma pauperis #2 is denied. In forma pauperis status exists so that no one need choose between her legal rights and "the necessities of life." Brodsky v. J.P. Morgan Chase & Co., No. 17-CV-5529 (JS) (AYS), 2019 WL 2330857, at *1 (E.D.N.Y. May 31, 2019) (quoting Adkins v. E.I. Du Pont De Nemours & Co., 335 U.S. 331, 349 (1948)). Plaintiff reports a monthly income of approximately $3,000 set against monthly expenses of $1,150 and debt of approximately $3,900. See Mot. for Leave to Proceed In Forma Pauperis 2 (Dkt. #2). This application indicates that plaintiff can "pay the filing fee and still have the necessities of life." Ginsberg v. Comm'r of Soc. Sec., No. 21-CV-207 (JMA), 2021 WL 1428580, at *1 (E.D.N.Y. Apr. 15, 2021). The motion is therefore denied, and plaintiff is directed to pay the filing fee within fourteen days of this Order. Ordered by Judge Rachel P. Kovner on 12/13/2022. (Miyamoto, Matthew)
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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. (KD) |
| Filing 3 Pro Se Consent to Electronic Notification by Tresha Sumar, The Brooklyn Hospital Center (KD) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Tresha Sumar. (KD) |
| Filing 1 COMPLAINT against The Brooklyn Hospital Center, filed by Tresha Sumar. (Attachments: #1 Civil Cover Sheet) (KD) |
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| Plaintiff: Tresha Sumar | |
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| Defendant: The Brooklyn Hospital Center | |
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