Kessoon v. Kephart
| Kherani Kessoon |
| William J. Kephart |
| 2:2022cv00415 |
| January 20, 2022 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Arlene R Lindsay |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 8, 2022. A more recent docket listing may be available from PACER.
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| Filing 8 CLERK'S JUDGMENT: ORDERED AND ADJUDGED that plaintiff Kherani Kessoon take nothing of defendant William J. Kephart; that the complaint is case is dismissed without prejudice for failure to prosecute; that in forma pauperis status for the purpose of an appeal is denied; and that this case is closed. Ordered by Clerk of Court on 3/8/2022 (CM to pro se plaintiff with an appeal packet). (Toritto, Jim) |
ORDER DISMISSING CASE: By Order dated February 11, 2022, Docket Entry ("DE") 7, the Court denied plaintiff's application to proceed in forma pauperis ("IFP") without prejudice and with leave to renew on the AO 239 Long Form IFP application within two weeks from the date of the Order. Alternatively, Plaintiff was advised that he could instead remit the filing fee. The Order warned that a failure to timely comply would lead to the dismissal of the action without prejudice. See DE 7. The Order was mailed to plaintiff on February 11, 2022 at his address of record and has not been returned. To date, plaintiff has not filed the Long Form IFP application or paid the filing fee. Given that he has not otherwise communicated with the Court about this case, it appears Plaintiff is no longer interested in pursuing this case. Accordingly, the complaint is dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of the Court is respectfully directed to enter judgment and close this case. The Clerk of the is further directed to mail a copy of this Order to the plaintiff at his address of record and note service on the docket. 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 in forma pauperis status is denied for the purpose of any appeal. So Ordered.Ordered by Judge Gary R. Brown on 3/4/2022. c/ecf (Johnston, Linda)
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Filing 7
ORDER denying #6 Motion for Leave to Proceed in forma pauperis - Given Plaintiff's responses and his litigation history, the Court finds that Plaintiff can best set forth his current financial position on the Long Form. Accordingly, Plaintiff's application to proceed in forma pauperis is denied without prejudice and with leave to renew upon filing the enclosed Long Form. Alternatively, Plaintiff may pay the $402.00 filing fee. Plaintiff shall either file the Long Form or remit the filing fee within 2 weeks of the date of this Order or this action will 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 in forma pauperis status is denied for the purpose of any appeal. SO Ordered by Judge Gary R. Brown on 2/11/2022. (Tirado, Chelsea)
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| Filing 6 MOTION for Leave to Proceed in forma pauperis by Kherani Kessoon. (Tirado, Chelsea) |
| Filing 5 Letter to pro se plaintiff Kherani Kessoon from the Pro Se Department acknowledging receipt of civil action. (Tirado, Chelsea) |
| Filing 4 Notice of Related Cases: 21-cv-4357-GRB-ARL, 21-cv-6453-GRB-ARL and 22-cv-454-GRB-ARL The Civil Cover Sheet filed in this civil action indicates a related case. (Cox, Dwayne) Modified to correct related cases on 2/25/2022 (Cox, Dwayne). (Main Document 4 replaced on 2/25/2022) (Cox, Dwayne). |
| 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 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. re: #1 Complaint. The papers are deficient as a filing fee of $402 is required in order to commence a civil action. Alternatively, you may request to waive the filing fee by completing an in forma pauperis (IFP) application. (Cox, Dwayne) |
| Filing 1 COMPLAINT against William J. Kephart Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Kherani Kessoon. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne) |
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| Plaintiff: Kherani Kessoon | |
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