Gordon et al v. Cowtown Express Logistics LLC et al
| Niccol Gordon |
| Cowtown Express Logistics LLC, Carrier 411 Services Inc. and Will Ruddick |
| 1:2023cv09245 |
| December 15, 2023 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Diane Gujarati |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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| Filing 7 Summons Issued as to Carrier 411 Services Inc., Cowtown Express Logistics LLC, Will Ruddick. (VRM) |
Filing 6
ORDER: Pro se plaintiff Niccol Gordon filed this action and moved for leave to proceed in forma pauperis ("IFP") on December 25, 2023. ECF Nos. #1 , #2 . The Court denied plaintiff's initial IFP application without prejudice and directed plaintiff to either pay the filing fee or submit a more complete IFP application by January 16, 2024. See ECF Order dated December 26, 2023. Plaintiff filed the more complete IFP application on December 27, 2023. ECF No. #5 . Plaintiff's application to proceed in forma pauperis under 28 U.S.C. 1915 is granted. The Clerk of Court is respectfully directed to prepare summonses for the defendants at the addresses provided in plaintiff's complaint. The United States Marshals Service is respectfully directed to serve the summonses, complaint, and a copy of this Order upon the named defendants without prepayment of fees. See attached Order. Ordered by Magistrate Judge Lois Bloom on 1/10/2024. (VP)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis by Niccol Gordon. (Attachments: #1 Application) (IH) |
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ORDER denying #2 Motion for Leave to Proceed in forma pauperis:On December 15, 2023, Plaintiff Niccol Gordon, proceeding pro se, commenced this action. See ECF No. 1. Plaintiff did not pay the requisite filing fees, see generally docket, but did submit an application to proceed in forma pauperis ("IFP"), ECF No. 2. Under 28 U.S.C. 1915, a court may waive filing fees upon finding that a plaintiff is unable to pay such fees. Here, however, the Court cannot conclude that Plaintiff is indigent within the meaning of 28 U.S.C. 1915. The IFP application does not contain sufficient information. Notably, although Plaintiff indicates in the IFP application that Plaintiff has received income from "[b]usiness, profession, or other self-employment" in the past 12 months and refers to "my company RNN Global Transportation," Plaintiff does not state the amount of income received during the 12-month period, indicating only that Plaintiff has "made $0.00 in last 30 days." See ECF No. 2 at 1. Plaintiff's application to proceed IFP, ECF No. 2, is DENIED. Such denial is without prejudice to renewal. If Plaintiff wishes to proceed with this action, Plaintiff must, by January 16, 2024, either (1) pay the requisite $405 filing fees to the Clerk of Court of the United States District Court for the Eastern District of New York; or (2) submit a complete IFP application that demonstrates indigency. If Plaintiff fails to do so by January 16, 2024, this action shall be dismissed without prejudice. 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 an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this Order to Plaintiff, together with an IFP application form. Ordered by Judge Diane Gujarati on 12/26/2023. (MAP)
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| Filing 4 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 (CV) |
| Filing 3 Pro Se Consent to Electronic Notification by Niccol Gordon (CV) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Niccol Gordon. (CV) |
| Filing 1 COMPLAINT against Carrier 411 Services Inc., Cowtown Express Logistics LLC, Will Ruddick, filed by Niccol Gordon. (Attachments: #1 Civil Cover Sheet) (CV) |
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