Witherspoon v. Rivera et al
| Desmond M. Witherspoon |
| Matthew Lawson, Terrane Thomas, Marvin Anderson, Victoria Harris, Nyla Funderburk, Michael Brigttonham, Tony Yayo, Drake, Derrek Williams, Lataya Rivera, Rudder Yanov, Smitty the Passenger, Young Chris, Isiah Grudup, Terrance Goodwin, Jevon Cooper, Nas the Cook, Carto Yancy, Machine Gun Kelly, Markita Rutgar, Yandy Smith, Juelz Santana, Christopher Lemon, Brian McPherson, Jevon Witherspoon, Beyonce Knowles, John Leach, Nekiesha Banke, Mercendez, Markeish McNair, Michael Good, Edobe Garbitt, Yeefan THomas, Windsor "Slow Labin and Rodney Charlemagne" Bucks", Lloyd Banks, Julian Latimore, Bruce Anthony Hulitt, Jim Jones, Carol Garbitt, Che Mack, Teresa Garbitt, Donald Trump, Carrmine Gurrier, Joe Buddens, Arsonal and Brandon Carley |
| 1:2015cv04328 |
| May 29, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Loretta A Preska |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on November 5, 2019. A more recent docket listing may be available from PACER.
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Filing 18
ORDER denying without prejudice #17 Motion to Reopen Case: Before the Court is Plaintiff's motion to re-open the above-captioned action. (See Plaintiff's Motion to Re-Open, dated October 31, 2019 [dkt. no. 17]). Plaintiff has not shown any basis for re-opening the action. Accordingly, the motion is denied without prejudice to renewal upon a showing of a reason to re-open. (Signed by Judge Loretta A. Preska on 11/5/2019) (jwh)
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| Filing 17 NOTICE OF MOTION, re: to Reopen Case. Document filed by Desmond M. Witherspoon.(sc) |
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Filing 16
ORDER: The Court directs the Clerk of Court to mail a copy of this order to Plaintiff and note service on the docket. The Court construes the letters from Plaintiff in these actions that were received by the Court on January 10, 2018, to be requests for relief under Rule 60(b) of the Federal Rules of Civil Procedure. Witherspoon v. Rivera, No. 15-CV-4328 (LAP) (ECF No. 15); Witherspoon v. Raymour & Flanigan, No. 15-CV-4915 (LAP) (ECF No. 14). The Court denies these requests. These actions are closed. The Court directs the Clerk of Court to not accept for filing any future documents from Plaintiff in either of these actions, except for those that are directed to the United States Court of Appeals for the Second Circuit. 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 Loretta A. Preska on 10/12/2018) (mro) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #16 Order, to Desmond M. Witherspoon 296 Ninth Ave. New York, NY 10001. (aea) |
| Filing 15 LETTER from Desmond Witherspoon dated 1/2/18 re: Plaintiff requests that the Court remove the mandate order given in the listed cases. Document filed by Desmond M. Witherspoon.(sc) |
| Filing 14 MANDATE of USCA (Certified Copy) as to #12 Notice of Appeal filed by Desmond M. Witherspoon USCA Case Number 15-3731. IT IS HEREBY ORDERED that the appeal is dismissed effective January 11, 2016 unless by that date appellant either pays the fee in full, moves for in forma pauperis status in district court or, if district court has denied in forma pauperis status, moves in this Court for in forma pauperis status. If appellant has filed the motion in district court and the motion is pending, appellant must so advise this Court in writing by the same date. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 3/2/2016. (tp) |
| Transmission of USCA Mandate/Order to the District Judge re: #14 USCA Mandate. (tp) |
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Filing 13
ORDER denying #10 Motion for Reconsideration; denying #11 Motion for Extension of Time to File appeal. Plaintiff's request for reconsideration (ECF No. 10) and his motion for an extension of time to appeal (ECF No. 11) are denied. 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 an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Loretta A. Preska on 11/19/2015) (spo)
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| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #12 Notice of Appeal filed by Desmond M. Witherspoon were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #12 Notice of Appeal. (tp) |
| Filing 12 NOTICE OF APPEAL from #7 Order. Document filed by Desmond M. Witherspoon. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Motion for IFP). (tp) |
| Filing 11 MOTION for Extension of Time to File Notice of Appeal. Document filed by Desmond M. Witherspoon.(tp) |
| Appeal Remark as to #12 Notice of Appeal filed by Desmond M. Witherspoon. IFP DENIED 06/30/2015. (tp) |
| Appeal Fee Due: for #12 Notice of Appeal. Appeal fee due by 12/2/2015. (tp) |
| Filing 10 MOTION for Reconsideration. Document filed by Desmond M. Witherspoon.(man) |
| Filing 9 NOTICE OF MOTION re: that upon the annexed affidavit or affirmation Desmond Witherspoon sworn to or affirmed July 2, 2015. Document filed by Desmond M. Witherspoon. (sac) |
| Mailed notice of Right to Appeal re: #7 Order, #8 Judgment - Sua Sponte (Complaint), to Desmond M. Witherspoon 296 Ninth Ave. New York, NY 10001. (ca) |
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Filing 8
CIVIL JUDGMENT: Pursuant to the order issued June 9, 2015, dismissing the complaint, IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed as frivolous. See 28 U.S.C. 1915(e)(2)(B)(i). The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from the Courts judgment would not be taken in good faith. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Plaintiff and note service on the docket. (Signed by Judge Loretta A. Preska on 6/30/2015) (kko)
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Filing 7
BAR ORDER UNDER 28 U.S.C. 1651: Plaintiff is barred from filing future actions IFP in this Court without first obtaining from the Court leave to file. Any motion for leave to file must be captioned "Application Pursuant to Court Order Seeking Leave to File." Plaintiff must attach a copy of his proposed complaint and this order with each such motion. The motion must be filed with the Pro Se Intake Unit of this Court. Should Plaintiff violate this order and file an action without first filing a motion for leave to file, the action will be dismissed for failure to comply with this order. Plaintiff is warned that the continued submission of further frivolous documents may result in the imposition of additional sanctions, including monetary penalties. See 28 U.S.C. 1651. The Clerk is directed to close this action. 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 an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (As further set forth in this Order.) (Signed by Judge Loretta A. Preska on 6/30/2015) (kko) Modified on 7/2/2015 (kko).
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| Transmission to Docket Assistant Clerk. Transmitted re: #7 Order, #8 Judgment - Sua Sponte (Complaint), to the Docket Assistant Clerk for case processing. (kko) |
| Filing 6 AFFIRMATION UNDER 28:1651. Document filed by Desmond M. Witherspoon. (sc) |
| Received returned mail re: #3 Order Granting IFP Application. Mail was addressed to Desmond Whitherspoon at 296 Ninth Ave. New York, NY 10001 and was returned for the following reason(s): Return to Sender, Unable to Forward. (sbr) |
| Mailed a copy of #5 Order of Dismissal, to Desmond M. Witherspoon 296 Ninth Ave. New York, NY 10001. (ca) |
| Filing 4 PRO SE MEMORANDUM dated 6/10/15 re: CHANGE OF ADDRESS for Desmond M. Witherspoon. New Address: 296 Ninth Ave., New York, New York, 10001. (sc) |
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Filing 5
ORDER OF DISMISSAL AND TO SHOW CAUSE UNDER 28 U.S.C. 1651: The Clerk is directed to assign this matter to my docket, to mail a copy of this order to Plaintiff, and note service on the docket. The complaint, filed in forma pauperis under 28 U.S.C. 1915(a), is dismissed as frivolous and for failure to state a claim upon which relief may be granted. See 28 U.S.C. 1915(e)(2)(B)(i), (ii). Plaintiff shall have thirty days to show cause by written affirmation why an order should not be entered barring Plaintiff from filing any future action in forma pauperis in this Court without prior permission. An "Affirmation Under 28 U.S.C. 1651" form is attached to this order. 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 an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Loretta A. Preska on 6/9/2015) (tn)
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| Transmission to Docket Assistant Clerk. Transmitted re: #5 Order of Dismissal and Order to Show Cause Under 28 U.S.C. 1651, to the Docket Assistant Clerk for case processing. (tn) |
| NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Loretta A. Preska. Judge Unassigned is no longer assigned to the case. (tn) Modified on 6/19/2015 (tn). |
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Filing 3
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Loretta A. Preska on 6/9/2015) (sbr)
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| Mailed a copy of #3 Order Granting IFP Application to DESMOND M. WITHERSPOON at 90 Lafayette St. New York, NY 10026. (sbr) |
| Filing 2 COMPLAINT against Marvin Anderson, Arsonal, Nekiesha Banke, Lloyd Banks, Michael Brigttonham, Joe Buddens, Brandon Carley, Young Chris, Jevon Cooper, Drake, Nyla Funderburk, Carol Garbitt, Edobe Garbitt, Teresa Garbitt, Michael Good, Terrance Goodwin, Isiah Grudup, Carrmine Gurrier, Victoria Harris, Bruce Anthony Hulitt, Jim Jones, Beyonce Knowles, Julian Latimore, Matthew Lawson, John Leach, Christopher Lemon, Machine Gun Kelly, Che Mack, Markeish McNair, Brian McPherson, Mercendez, Nas the Cook, Lataya Rivera, Markita Rutgar, Juelz Santana, Yandy Smith, Smitty the Passenger, Yeefan THomas, Terrane Thomas, Donald Trump, Derrek Williams, Windsor "Slow Labin and Rodney Charlemagne" Bucks", Jevon Witherspoon, Carto Yancy, Rudder Yanov, Tony Yayo. Document filed by Desmond M. Witherspoon.(sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Desmond M. Witherspoon.(sac) |
| Case Designated ECF. (sac) |
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