Lettieri v. Quinn et al
| David Carmine Lettieri |
| James Quinn, Michael J. Romer, Lawrence Joseph Vilardo and Paul E. Bonanno |
| 1:2023cv07830 |
| October 16, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Marcia M Henry |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.
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Filing 7
ORDER: For the reasons set forth in the accompanying order, Plaintiff's motions for reconsideration are denied. See ECF No. #6 . Plaintiff's cases remain dismissed without prejudice pursuant to 28 U.S.C. 1915(g). The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff. Since Plaintiff filed notices of appeal concurrently with his motions for reconsideration, those notices of appeal become effective as of the date of this order denying the motions. See Fed. R. App. P. 4(a)(4)(B)(i). However, Plaintiff must either pay the $505.00 appellate filing fee for each case or obtain from the Second Circuit leave to appeal in forma pauperis because the Court reiterates its prior holding that any appeals from the Court's prior dismissal order, or this order denying Plaintiff's motions for reconsideration, would not be taken in good faith, and the Court therefore denies in forma pauperis status for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Alternatively, since the Court's dismissal of these cases is without prejudice, Plaintiff may commence these lawsuits by filing new complaints in a district where venue would be proper and by paying that district's filing fee. Ordered by Judge Hector Gonzalez on 11/17/2023. (BH)
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| Filing 6 Letter MOTION for Reconsideration filed by David Carmine Lettieri. (JVC) |
| Filing 5 CLERK'S JUDGMENT: It is ORDERED and ADJUDGED that Plaintiffs applications to proceed in forma pauperis are denied; that this case is dismissed without prejudice pursuant to 28 U.S.C. 1915(g); that if Plaintiff wishes to reassert his claims, he must file new actions in a district court where venue is proper and pay the $402.00 filing fee for each case to the Clerk of Court for that district; that pursuant to 28 U.S.C. 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. Coppedge v. United States, 369 U.S. 438, 44445 (1962). Signed by Brenna B. Mahoney, Clerk of Court by Jalitza Poveda, Deputy Clerk on 10/26/2023. (JVC) |
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Filing 4
ORDER: For the reasons set forth in the accompanying order, Plaintiff's application to proceed in forma pauperis is denied, and this case is dismissed without prejudice pursuant to 28 U.S.C. 1915(g). The Clerk of Court is respectfully directed to enter judgment, to close this case, and to mail copies of this order and the forthcoming judgment to Plaintiff. The Clerk of Court is further directed to mail a copy of this order to the Clerk of Court for the Western District of New York.If Plaintiff wishes to reassert his claims, he must file a new action in a district court where venue is proper and pay the $402.00 filing fee to the Clerk of Court for that district. 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 denies in forma pauperis status for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Hector Gonzalez on 10/25/2023. (BH)
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| Filing 3 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (KD) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by David Carmine Lettieri. (KD) |
| Filing 1 COMPLAINT against Paul E. Bonanno, James Quinn, Michael J. Romer, Lawrence Joseph Vilardo, filed by David Carmine Lettieri. (Attachments: #1 Civil Cover Sheet) (KD) |
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