Dimicco v. Citimortgage, Inc. et al
| Portia Dimicco |
| Gross, Polowy, LLC, Citimortgage, Inc., Vera Fludd, Mortgage Electronic Registration Systems, Inc. and Federal National Mortgage Association |
| 2:2020cv00755 |
| February 7, 2020 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Pamela K Chen |
| Real Property: Foreclosure |
| 18 U.S.C. ยง 1964 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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ORDER: The Court notes that Plaintiff has failed to file an amended complaint by March 18, 2020. (See 2/18/20 Docket Order.) However, in light of Plaintiff's pro se status and the ongoing COVID-19 pandemic, the Court sua sponte extends the deadline for Plaintiff to file an amended complaint, in accordance with the Court's #5 February 18, 2020 Memorandum and Order, to May 6, 2020. Plaintiff is warned that failure to file an amended complaint by this deadline will result in dismissal of her case. Ordered by Judge Pamela K. Chen on 4/6/2020. (Marks, Miriam)
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Filing 5
ORDER: For the reasons stated in the attached Memorandum & Order, Plaintiff's Complaint is dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(ii). The Court, however, grants Plaintiff leave to file an Amended Complaint. If Plaintiff chooses to file an Amended Complaint, she must do so within thirty (30) days of this Order. The Amended Complaint must be captioned "AMENDED COMPLAINT" and bear the same docket number as this Order: 20-CV-755 (PKC) (LB). Plaintiff is advised that the Amended Complaint will replace her initial Complaint in its entirety. If Plaintiff elects to file an Amended Complaint, she must provide the status of the state foreclosure action and attach any relevant documents, if available. An Amended Complaint must also comply with Federal Rule of Civil Procedure 8(a), which requires a short and plain statement of the claim showing that Plaintiff is entitled to relief. If Plaintiff fails to file an Amended Complaint within the time allowed, or if the Amended Complaint fails to cure the deficiencies noted herein, judgment dismissing this action shall be entered. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal would not be taken in good faith and that, therefore, in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Pamela K. Chen on 2/18/2020. (Marks, Miriam)
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| Filing 4 Case Opening Letter dated February 13, 2020 addressed to Portia Dimicco from the Pro Se Office, Central Islip, NY. (Love, Alexis) |
| 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. (Cox, Dwayne) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Portia Dimicco. (Cox, Dwayne) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Portia Dimicco. (Cox, Dwayne) (Main Document 1 replaced on 2/12/2020) (Cox, Dwayne). (Additional attachment(s) added on 2/12/2020: #1 Civil Cover Sheet) (Cox, Dwayne). |
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