Cavender v. The United States Merchant Marine Academy
| Noah Cavender |
| The United States Merchant Marine Academy |
| 2:2020cv02063 |
| April 29, 2020 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Steven Tiscione |
| Other Statutory Actions |
| 28 U.S.C. ยง 1332 Diversity-Account Receivable |
| None |
Docket Report
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Filing 6
ORDER: For the reasons contained in the attached, Plaintiff's #5 request to seal the case filing and associated documentation in this matter from the public record is denied. In light of #5 Plaintiff's letter asking that this case be terminated the Court finds that Plaintiff's #2 motion for leave to proceed in forma pauperis is moot and terminates the motion accordingly. This case is also terminated. See Fed. R. Civ. P. 41(a)(1)(A)(i) (permitting plaintiff to dismiss an action without a court order by filing a notice of dismissal before the opposing party serves an answer). The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal would not be taken in good faith, and therefore, 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 Judge Pamela K. Chen on 6/18/2020. (Wisotsky, Shira)
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| Filing 5 Letter from pro se Plff. Noah Cavender to Judge Chen, advising "he would like to withdraw his complaint and documents to have the above case dismissed." Further "requesting the case and all included documentation be sealed from public record as it may potentially have negative effects on his future endeavors." (Layne, Monique) |
| 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. (Cox, Dwayne) |
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ORDER: This pro se matter was opened based on a complaint received by the Court, via mail, on April 29, 2020. However, since that date, Plaintiff Noah Cavender has called both the Clerk's Office and Pro Se Office in the Brooklyn courthouse, advising them that he wishes to withdraw his complaint. Plaintiff was instructed during one of these calls that his request to terminate this action had to be made in writing. Plaintiff is again directed to advise the Court, in writing, by May 22, 2020, whether he wishes to withdraw his complaint or proceed with this matter. If Plaintiff wishes to proceed with his matter, he should also indicate whether he is still seeking a TRO or PI. Should Plaintiff fail to comply with this direction, this matter will be dismissed. The Court also notes that pro se Plaintiff erroneously listed himself as Defendant and United States Merchant Marine Academy as Plaintiff in the caption of the #1 Complaint. The Clerk of Court is respectfully directed to correct the case caption - listing Noah Cavender as Plaintiff and United States Merchant Marine Academy as Defendant - and update the docket sheet accordingly. Ordered by Judge Pamela K. Chen on 5/8/2020. (Wisotsky, Shira)
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| Filing 3 Proposed Order to Show Cause by Noah Cavender (Cox, Dwayne) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Noah Cavender. (Cox, Dwayne) |
| Filing 1 COMPLAINT against The United States Merchant Marine Academy Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Noah Cavender. (Attachments: #1 Exhibit Item A, #2 Exhibit Item B, #3 Exhibit Item C, #4 Exhibit Item D, #5 Exhibit Item E, #6 Exhibit Item F, #7 Exhibit Item G, #8 Civil Cover Sheet) (Cox, Dwayne) |
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| Defendant: The United States Merchant Marine Academy | |
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