Smith v. Social Security Administration et al
| Marcell Smith |
| Mr. Bailey, Social Security Administration and Ms. Conta |
| 1:2018cv08067 |
| September 4, 2018 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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This docket was last retrieved on October 29, 2018. A more recent docket listing may be available from PACER.
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Filing 6
CIVIL JUDGMENT: Pursuant to the order issued October 29, 2018, dismissing the complaint, IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to comply with the Court's order. 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 10/29/2018) (mro) Transmission to Docket Assistant Clerk for processing. (Additional attachment(s) added on 10/29/2018: #1 Pro Se Appeal Package) (mro).
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Filing 5
ORDER OF DISMISSAL: Plaintiff Marcel Smith filed this pro se complaint under the Court's diversity jurisdiction against the Social Security Administration and two SSA employees. By order dated September 14, 2018, the Court granted Plaintiff's request to proceed without prepayment of fees, that is, in forma pauperis, and on September 17, 2018, the Clerk's Office mailed a copy of that order to Plaintiff. On October 3, 2018, the order was returned to the Court with a notation on the envelope indicating "Return to Sender Not Deliverable as Addressed Unable to Forward." On October 5, 2018, the Court directed Plaintiff to update his address of record within 30 days, and informed Plaintiff that if he failed to comply, the action would be dismissed without prejudice for failure to prosecute. The Clerk's Office mailed that order to Plaintiff, and it was returned as undeliverable on October 24, 2018. Accordingly, this action is dismissed without prejudice, under Rule 41(b) of the Federal Rules of Civil Procedure, for failure to prosecute. 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). (Signed by Judge Colleen McMahon on 10/29/2018) (mro) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #6 Judgment - Sua Sponte (Complaint), #5 Order of Dismissal, to Marcell Smith 240 E. Prospect Ave. Mount Vernon, NY 10550. (vba) |
| Received returned mail re: #4 Order. Mail was addressed to Marcell Smith 240 E. Prospect Ave. Mount Vernon, NY 10550 and was returned for the following reason(s): Return to Sender, Not Deliverable as Addressed, Unable to Forward. (aea) |
| Mailed a copy of #4 Order, to Marcell Smith 240 E. Prospect Ave. Mount Vernon, NY 10550. (vba) |
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Filing 4
ORDER. The Court directs Plaintiff to update his address of record within 30 days of the date of this order. Should Plaintiff fail to comply with this order, the Court will dismiss the action without prejudice for failure to prosecute. 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 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 10/5/2018) (rjm) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (rjm) |
| Received returned mail re: #3 Order Granting IFP Application. Mail was addressed to Marcell Smith 240 E. Prospect Ave. Mount Vernon, NY 10550 and was returned for the following reason(s): Return to Sender Not Deliverable as Addressed Unable to Forward. (vba) |
| Mailed a copy of #3 Order Granting IFP Application, to Marcell Smith 240 E. Prospect Ave. Mount Vernon, NY 10550. (vba) |
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Filing 3
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Colleen McMahon on 9/14/2018) (anc) Transmission to Docket Assistant Clerk for processing.
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| Filing 2 COMPLAINT against Bailey, Conta, Social Security Administration. Document filed by Marcell Smith.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Marcell Smith.(rdz) Modified on 9/5/2018 (rdz). |
| Case Designated ECF. (rdz) |
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