Yang v. Trump et al
| Jianye Yang and Tony Yang |
| Donald Trump, Mike Pompeo and Metropolitan Hospital Center New York |
| 1:2017cv10251 |
| December 27, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Civil Rights: Other |
| 28 U.S.C. § 1331 cv |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 12, 2018. A more recent docket listing may be available from PACER.
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| Received returned mail re: #6 Judgment - Sua Sponte (Complaint), #5 Order of Dismissal,. Mail was addressed to Jianye Yang c/o Americana Hotel 942 US-1 Avenel, NJ 07001 and was returned for the following reason(s): Return to Sender Not Deliverable as Addressed Unable to Forward. (vba) |
| Mailed a copy of #6 Judgment - Sua Sponte (Complaint), #5 Order of Dismissal, to Jianye Yang c/o Americana Hotel 942 US-1 Avenel, NJ 07001.(vba) |
Filing 6
CIVIL JUDGMENT: Pursuant to the order issued August 20, 2018, dismissing this action without prejudice, IT IS ORDERED, ADJUDGED AND DECREED that this action is dismissed without prejudice. 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. (Signed by Judge Colleen McMahon on 8/20/2018) (Attachments: #1 Pro Se Appeal Package)(mro) Transmission to Docket Assistant Clerk for processing.
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Filing 5
ORDER OF DISMISSAL: By order dated April 9, 2018, the Court directed Plaintiff to file an amended complaint within sixty days. On May 31, 2018, the order was returned to the Court with a notation on the envelope indicating that the mail was undeliverable to that address. Plaintiff has not complied with the Court's order, has failed to notify the Court of a change of mailing address, and has not initiated any further contact with the Court, written or otherwise. Accordingly, Plaintiff's action, filed in forma pauperis pursuant to 28 U.S.C. 1915(a)(1), is dismissed without prejudice. See 28 U.S.C. 1914, 1915. 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 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 8/20/2018) (mro) Transmission to Docket Assistant Clerk for processing.
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| Received returned mail re: #4 Order 60 Days Amended Complaint (case opening). Mail was addressed to Jianye Yang c/o Americana Hotel 942 US-1 Avenel, NJ 07001 and was returned for the following reason(s): Return to sender, Not deliverable to addressed. (mhe) |
| Received returned mail re: #3 Order Granting IFP Application. Mail was addressed to Jianye Yang c/o Americana Hotel 942 US-1 Avenel, NJ 07001 and was returned for the following reason(s): Return to sender - Insufficient Address. (Jackson, Zhane) |
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Filing 4
ORDER TO AMEND: The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. The Court dismisses Plaintiff's claims against President Trump and Director Pompeo as frivolous. 28 U.S.C. 1915(e)(2)(B)(i). Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 17-CV-10251 (CM). An Amended Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed and cannot show good cause to excuse such failure, the Court will dismiss Plaintiff's remaining claims for failure to state a claim on which relief may be granted. See 1915(e)(2)(B)(ii). 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 4/9/2018) (Attachments: #1 Attachment to Order to Amend)(mro)
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| Mailed a copy of #4 Order 60 Days Amended Complaint (case opening) to Jianye Yang c/o Americana Hotel 942 US-1 Avenel, NJ 07001. (mhe) |
| NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (mro) |
| Transmission to Docket Assistant Clerk. Transmitted re: #4 Order 60 Days Amended Complaint (case opening), to the Docket Assistant Clerk for case processing. (mro) |
| Mailed a copy of #3 Order Granting IFP Application to Jianye Yang c/o Americana Hotel 942 US-1 Avenel, NJ 07001. (mhe) |
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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 Colleen McMahon on 3/9/2018) (sac)
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| Transmission to Docket Assistant Clerk. Transmitted re: #3 Order Granting IFP Application, to the Docket Assistant Clerk for case processing. (sac) |
| Filing 2 COMPLAINT against Metropolitan Hospital Center New York, Mike Pompeo, Donald Trump. Document filed by Jianye Yang.(sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jianye Yang.(sac) |
| Case Designated ECF. (sac) |
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