Styles v. Elsner
| Shivana Styles |
| Attorney Alyssa Elsner |
| 2:2023cv08679 |
| November 22, 2023 |
| US District Court for the Eastern District of New York |
| Nusrat Jahan Choudhury |
| Lee G Dunst |
| Trademark |
| 28 U.S.C. ยง 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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ORDER On December 1, 2023, the Court dismissed Plaintiff's complaint without prejudice and with leave to amend because the complaint failed to allege a proper basis for this Court's subject matter jurisdiction. The Court ordered Plaintiff to file any amended complaint by December 29, 2023. That deadline has since passed and Plaintiff has not filed an amended complaint. Accordingly, Plaintiff must file any amended complaint by February 2, 2024. Failure to do so may result in dismissal for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). The Clerk is directed to mail a copy of this order to Plaintiff. Ordered by Judge Nusrat J. Choudhury on 1/5/2024. (DE)
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| Filing 7 Notice of Related Cases: 23-8677-NJC-LGD and 24-cv-00051-NJC-LGD The Case was directly assigned as a related Pro Se/Habeas Case. (DC) |
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ORDER The Court has reviewed Plaintiff's application for leave to proceed in forma pauperis (IFP), ECF No. #2 , and grants the application. The Court has also reviewed Plaintiff's complaint, ECF No. 1 , which does not allege a proper basis for this Court's subject matter jurisdiction. The parties are not diverse and Plaintiff does not plead a federal claim. As a result, and in light of Plaintiff's pro se status, the Court dismisses Plaintiff's complaint without prejudice and with leave to amend. Any amended complaint shall be filed by December 29, 2023.The Court encourages Plaintiff to consult with the Hofstra Law Pro Se Clinic located in the Central Islip Courthouse, which can provide free information, advice, and limited scope legal assistance to non-incarcerated pro se litigants. The Court notes that the Pro Se Clinic is not part of, nor affiliated with, the United States District Court. Consultations with the Pro Se Clinic can be conducted remotely via telephone. To make an appointment with the Pro Se Clinic, send an email to PSLAP@Hofstra.edu or leave a message at (631) 297-2575. 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 IFP status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Nusrat J. Choudhury on 12/1/2023. (DE)
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| Filing 6 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 (JC) |
| Filing 5 Case transferred in from District of New York Southern; Case Number 1:23-cv-09900. Original file certified copy of transfer order and docket sheet received. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York. (ate) [Transferred from New York Southern on 11/22/2023.] |
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Filing 4
TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern District of New York. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes the case in the Southern District of New York. The Court certifies, under 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 an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Laura Taylor Swain on 11/9/2023) (ate) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 11/22/2023.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) [Transferred from New York Southern on 11/22/2023.] |
| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Shivana Styles consents to receive electronic service via the ECF system. Document filed by Shivana Styles. (sac) [Transferred from New York Southern on 11/22/2023.] |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Shivana Styles. (sac) [Transferred from New York Southern on 11/22/2023.] Modified on 11/22/2023 (GO). |
| Filing 1 COMPLAINT against Alyssa Elsner. Document filed by Shivana Styles. (sac) [Transferred from New York Southern on 11/22/2023.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 11/22/2023.] |
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| Plaintiff: Shivana Styles | |
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| Defendant: Attorney Alyssa Elsner | |
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