Arnold v. T-Mobile US Incorporated et al
| Wilfred V. Arnold |
| T-Mobile US Incorporated, Javone Cardova, Pedro Ortega and Nicole Marrero |
| 1:2017cv05602 |
| July 21, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 10, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Received returned mail re: #12 Judgment - Sua Sponte (Complaint), #11 Order of Dismissal. Mail was addressed to Wilfred V. Arnold, #433325, 204 Gillespie Street, Fayetteville, NC 28301 and was returned for the following reason(s): Return to Sender, No Longer Here. (aea) |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed letter to Wilfred V. Arnold #1328757 at Sampson C.F. P.O. Box 1109 Clinton, NC 28329 advising that copy/copies of the Document #s 2, 7, 11, 12 and 16 requested will be furnished upon receipt of the statutory fee of $16.00 in the form of a company check, certified check or money order payable to the Clerk of the Court, SDNY. (jri) Modified on 10/5/2018 (jri). |
| Filing 20 LETTER from Wilfred Arnold, dated 9/27/18 re: Plaintiff requests that the Court grant an Order to deliver to Plaintiff the requested Docket #'s 2, 7, 11, 12 and 16. Document filed by Wilfred V. Arnold.(sc) |
| Request for Copies of Documents Received: Re #20 Letter. Request for copies of Doc. #2, #7, #11, #12 and #16from Wilfred Arnold received on 10/3/18. Transmission to Records Management for processing. (sc) |
| Filing 19 LETTER addressed to Judge Colleen McMahon from Wilfred Arnold, dated 8/24/18 re: Plaintiff requests that the Court issue an order providing access to the essential information by resending them to his address at Clinton Correctional Institution(as indicated) with the requested information as follows: Docket #'s 2, 7, 11, 12 and 16. Document filed by Wilfred V. Arnold.(sc) |
| Filing 18 PRO SE MEMORANDUM(Letter) dated 8/20/18 re: CHANGE OF ADDRESS for Wilfred V. Arnold. New Address: #1328757, Sampson Corr. Institution, P.O. Box 1109, Clinton, North Carolina, 28329. (sc) |
| Received returned mail re: #16 Order. Mail was addressed to Wilfred V. Arnold P.O. Box 839 Vanceboro, NC 28586 and was returned for the following reason(s): No Longer Here. (aea) |
| Filing 17 LETTER addressed to Judge Colleen McMahon from W. Arnold, dated 7/31/18 re: Plaintiff gives his new address to the Court at P.O. Box 839, Vanceboro, North Carolina 28586; and that he has not received any response to his 7/10/18 request for information from the Court. Document filed by Wilfred V. Arnold.(sc) |
| Request for Copy of the updated Docket Sheet Received: Re #17 Letter. Request for Docket Report, from Wilfred Arnold received on 8/8/18. Transmission to Pro Se Assistants for processing. (sc) |
| Form Request Mailed: Request for Docket Sheet from Wilfred V. Arnold mailed on 08/08/2018. (sbr) |
| Mailed a copy of #12 Judgment - Sua Sponte (Complaint), #7 Order to Show Cause, #11 Order of Dismissal, to Wilfred V. Arnold 204 Gillespie Street Fayetteville, NC 28301. (vba) |
Filing 16
ORDER: The Court grants Plaintiff's application in part and denies it in part. The Clerk of Court is instructed to mail to Plaintiff a copy of the September 26, 2017 order (ECF No. 7) and the Order of Dismissal and Civil Judgment entered February 12, 2018 (ECF Nos. 11, 12). Any future requests will be subject to the relevant fees. This matter remains closed. The Clerk of Court is further directed to mail a copy of this order to Plaintiff and note service on the docket. 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 IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Colleen McMahon on 8/3/2018) (rdz)
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| Transmission to Docket Assistant Clerk. Transmitted re: #16 Order, to the Docket Assistant Clerk for case processing. (rdz) |
| Mailed a copy of #16 Order, to Wilfred V. Arnold 204 Gillespie Street Fayetteville, NC 28301. (vba) |
| Filing 15 LETTER addressed to Judge Colleen McMahon from Wilfred Arnold, dated 7/10/18 re: Plaintiff seeks this Court's due diligence and inference for information as to what avenue and/or venue this case can be re-opened and/or refiled, and for access to the information referred to hereinbefore(as indicated) etc. Document filed by Wilfred V. Arnold.(sc) Modified on 7/18/2018 (sc). |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed letter to Wilfred Arnold #433325 at Cumberland County Detention Center 204 Gillespie Street Fayetteville, NC 28301 advising that copy/copies of the Doc. #s2, 7, 11, 12, and local rules of SDNY requested will be furnished upon receipt of the statutory fee of $77.00 in the form of a company check, certified check or money order payable to the Clerk of the Court, SDNY. (jri) |
| Filing 14 LETTER from Wilfred V. Arnold, dated 6/19/18 re: Plaintiff requests that the Court provide him with a copy of this case's Docket #'s 12, 11, 7 and 2. Document filed by Wilfred V. Arnold.(sc) |
| Request for Copies of Documents: Re #14 Letter. Request for copies of documents #12, #11, #7 and #2 from Wilfred Arnold received on 6/26/18. Transmission to Records Management for processing. (sc) |
| Filing 13 LETTER from Wilfred Arnold, dated 5/6/18 re: Plaintiff informs the Court of his current location at 204 Gillespie Street, Fayetteville, North Carolina 28301; and he requests to be informed of the status of these cases. Document filed by Wilfred V. Arnold, Wilfred V. Arnold.(sc) |
| Request for Copy of the updated Docket Sheet Received: Re #13 Letter. Request for Docket Report, from W. Arnold received on 5/10/18. Transmission to Pro Se Assistants for processing. (sc) |
| Received returned mail re: #11 Order of Dismissal. Mail was addressed to Wilfred V. Arnold #433325 204 Gillespie Street Fayetteville, NC 28301 and was returned for the following reason(s): Return to Sender- No longer here. (Jackson, Zhane) |
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Filing 12
CIVIL JUDGMENT: Pursuant to the order issued February 12, 2018, dismissing the complaint, IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice under Rule 12(h)(3) of the Federal Rules of Civil Procedure.The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from the Court's 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. SO ORDERED. (Signed by Judge Colleen McMahon on 2/12/2018) (ama)
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Filing 11
ORDER OF DISMISSAL: Plaintiff has not responded to the Court's September 26, 2017 order and has not communicated with the Court since late November 2017. Accordingly, the complaint, filed in forma pauperis under 28 U.S.C. 1915(a)(1), is dismissed without prejudice for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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 IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Colleen McMahon on 2/12/2018) (ama) Modified on 2/12/2018 (ama).
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| Mailed a copy of #12 Judgment - Sua Sponte (Complaint) #11 Order of Dismissal to Wilfred V. Arnold, #433325, 204 Gillespie Street, Fayetteville, NC 28301. (mhe) |
| Transmission to Docket Assistant Clerk. Transmitted re: #12 Judgment - Sua Sponte (Complaint),, #11 Order of Dismissal,,,, to the Docket Assistant Clerk for case processing. (ama) |
| Filing 10 LETTER addressed to Judge Colleen McMahon from Wilfred Arnold, dated 11/21/17 re: Plaintiff requests that the Court remail to the following address a copy of Judge Colleen McMahon's Order to Show Cause with attached Declaration form(Dkt. #7): Wilfred Arnold, #433325, 204 Gillespie Street, Fayetteville, North Carolina 28301. Document filed by Wilfred V. Arnold.(sc) |
| Request for Copy of Document and form Received: Re #10 Letter. Request for copy of Order to Show Cause with attached Declaration Form(Dkt. #7)from Wilfred Arnold received on 12/5/17. Transmission to Records Management for processing. (sc) |
| Request for Copies/Transcripts/Docket Sheet Processed: Re-Mailed a second copy of Oder and Declaration Form,D.E. #7, (previously mailed to the same address on 11/15/2017) to Wilfred V. Arnold #433325 at Cumberland County Jail at 204 Gillespie Street,Fayetteville, NC 28301 on 12/06/2017. (jri) Modified on 12/5/2017 (jri). |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Order and Declaration Form, DE #7 to Wilfred Arnold #433325 at 204 Gillespie Street, Fayetteville, NC 28301 on 11/15/2017. (jri) |
| Filing 9 LETTER from Wilfred Arnold, dated 11/14/17 re: Plaintiff informs the Court that he did not receive the Court's Order, dated 9/26/17, and the declaration form attached to the Order; and he requests that the Court resend that Order and the attached form. Document filed by Wilfred V. Arnold.(sc) |
| Request for Copy of Order Received: Re #9 Letter,. Request for a copy of the Order dated 9/26/17(ECF #7) and the Declaration form attachedfrom Wilfred Arnold received on 11/14/17. Transmission to Records Management for processing. (sc) |
| Form Request Mailed: Request for Docket Sheet from Wilfred V. Arnold mailed on 11/3/2017. (sbr) |
| Filing 8 LETTER from Wilfred V. Arnold, dated 10/29/17 re: (REQUEST FOR DOCKET SHEET) - Plaintiff gives his new address as follows: #433325, 204 Gillespie Street, Fayetteville, North Carolina 28301. Document filed by Wilfred V. Arnold.(sc) |
| Request for Copy of the updated Docket Sheet Received: Re #8 Letter. Request for Docket Report, from Wilfred Arnold received on 11/2/17. Transmission to Pro Se Assistants for processing. (sc) |
| Received returned mail re: #7 Order to Show Cause. Mail was addressed to Wilfred V. Arnold at 1328757, Hyde Correctional Facility P.O. Box 278 Swan Quarter, NC 27885 and was returned for the following reason(s): return to sender, released. (O'Sullivan, Mary) |
| Mailed a copy of #7 Order to Show Cause, with Declaration Form attached, to Wilfred V. Arnold 1328757 Hyde Correctional Facility P.O. Box 278 Swan Quarter, NC 27885. (jgo) |
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Filing 7
ORDER: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Plaintiff is granted leave to file a declaration that sets forth any facts showing that diversity jurisdiction exists. Plaintiff must submit the declaration to this Courts Pro Se Intake Unit within 60 days of the date of this order, and label the document with docket number 17-CV-5602 (CM). A declaration form is attached to this order. No summons will issue at this time. If Plaintiff timely files a declaration, the Court will review it, and if proper, order service on the defendants. If Plaintiff fails to comply with this order within the time allowed, and cannot show good cause to excuse such failure, the Court will dismiss this action for lack of subject-matter jurisdiction. See Fed. R. Civ. P. 12(h)(3). 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Colleen McMahon on 9/26/2017) (kgo)
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| Transmission to Docket Assistant Clerk. Transmitted re: #7 Order to Show Cause,,,,,, to the Docket Assistant Clerk for case processing. (kgo) Modified on 10/2/2017 (kgo). |
| Mailed a copy of #6 Order Granting IFP Application in Prisoner Case to Wilfred V. Arnold, 1328757, Hyde Correctional Facility, P.O. Box 278, Swan Quarter, NC 27885; and Superintendent, Hyde Correctional Facility, P.O. Box 278, Swan Quarter, NC 27885. (rro) |
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Filing 6
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. The Clerk of Court is also directed to send a copy of this order to Plaintiff and note service on the docket. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. SO ORDERED. (Signed by Judge Colleen McMahon on 8/28/2017) (anc) Modified on 9/5/2017 (anc).
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| Transmission to Docket Assistant Clerk. Transmitted re: #6 Order Granting IFP Application in Prisoner Case to the Docket Assistant Clerk for case processing. (anc) |
| Filing 5 LETTER from Wilfred V. Arnold dated 8/11/17 re: REQUEST FOR CIVIL DOCKET. Document filed by Wilfred V. Arnold.(sc) |
| Request for Copy of the updated Docket Sheet Received: Re #5 Letter. Request for Docket Report, from Wilfred Arnold received on 8/15. Transmission to Pro Se Assistants for processing. (sc) |
| Form Request Mailed: Request for Docket Sheet from Wilfred Arnold mailed on 8/15/2017. (sbr) |
| Filing 4 PRISONER AUTHORIZATION. Document filed by Wilfred V. Arnold.(sc) |
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Filing 3
ORDER DIRECTING PRISONER AUTHORIZATION: Plaintiff is directed to submit a completed and signed Prisoner Authorization Form to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my 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 an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Prisoner Authorization Form due by 8/31/2017. (Signed by Judge Colleen McMahon on 8/1/2017) (Attachments: #1 Supplement Prisoner Authorization Form)(dol) (Main Document 3 replaced on 8/1/2017) (dol). (Main Document 3 replaced on 8/1/2017) (dol).
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| Mailed a copy of #3 Order Directing Prisoner Authorization to Wilfred V. Arnold, 1328757, Hyde Correctional Facility, P.O. Box 278, Swan Quarter, NC 27885. (rro) |
| Transmission to Docket Assistant Clerk. Transmitted re: #3 Order Directing Prisoner Authorization,,, to the Docket Assistant Clerk for case processing. (dol) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (ma) |
| Filing 2 COMPLAINT against Javone Cardova, Nicole Marrero, Pedro Ortega, T-Mobile US Incorporated. Document filed by Wilfred V. Arnold.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Wilfred V. Arnold.(rdz) |
| Case Designated ECF. (rdz) |
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