Ratcliff v. Greyhound Lines, Inc.
| Elijah W. Ratcliff |
| Greyhound Lines, Inc. |
| 1:2018cv09672 |
| October 22, 2018 |
| US District Court for the Southern District of New York |
| Louis L Stanton |
| Personal Property: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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This docket was last retrieved on December 13, 2018. A more recent docket listing may be available from PACER.
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| Filing 9 CERTIFICATE OF SERVICE of Summons and Petition (Other). Greyhound Lines, Inc. served on 12/3/2018, answer due 12/24/2018. Service was accepted by Nora Dindyal, CT Corporation d/b/a Supreme NY. Document filed by Elijah W. Ratcliff. (sc) Modified on 12/18/2018 (sc). (Main Document 9 replaced on 12/18/2018) (nb). |
| Filing 8 COMPLAINANT'S MOTION FOR RECONSIDERATION OF ORDER OF DISMISSAL & FINAL JUDGMENT. re; #7 Judgment - Sua Sponte (Petition). Document filed by Elijah W. Ratcliff.(sc) |
Filing 7
CIVIL JUDGMENT. IT IS ORDERED, ADJUDGED AND DECREED that this action is dismissed for lack of subject matter jurisdiction, Fed. R. Civ. P. 12(h)(3), and because it has been filed in the wrong venue, 28 U.S.C. 1406(a). 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 Louis L. Stanton on 11/20/2018) (rjm) Transmission to Docket Assistant Clerk for processing.
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Filing 6
ORDER OF DISMISSAL. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court dismisses this action for lack of subject matter jurisdiction, Fed. R. Civ. P. 12(h)(3), and because it has been filed in the wrong venue, 28 U.S.C. 1406(a). 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). SO ORDERED. (Signed by Judge Louis L. Stanton on 11/19/2018) (rjm) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #6 Order of Dismissal, #7 Judgment - Sua Sponte (Petition), to Elijah W. Ratcliff P.O. Box 1061 Livingston, TX 77351 with Right to Appeal Forms attached. (aea) |
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Filing 5
REMAILED FRCP 4 SERVICE PACKAGE MAILED to Elijah W. Ratcliff P.O. Box 1061 Livingston, TX 77351, at, on 11/15/2018. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases), one or more summonses (only if you have paid the fee in person or if the judge has ordered that a summons be issued to you) - 2 copies of Summons(es) mailed. (nb)
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| Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (bcu) |
| NOTICE OF CASE REASSIGNMENT to Judge Louis L. Stanton. Judge Colleen McMahon is no longer assigned to the case. (bcu) |
| Filing 4 FRCP 4 SERVICE PACKAGE MAILED to Elijah W. Ratcliff P.O. Box 1061 Livingston, TX 77351, at, on 11/7/2018. The following document(s) were enclosed in the Service Package: the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases), one or more summonses (only if you have paid the fee in person or if the judge has ordered that a summons be issued to you) - 2 copies of Summons(es) mailed. (nb) |
| SUMMONS ISSUED as to Greyhound Lines, Inc.. (nb) |
| Pro Se Payment of Fee Processed: $400.00 Check processed by the Finance Department on 10/26/2018, Receipt Number 465401221366. (cco) |
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Filing 3
ORDER DIRECTING PAYMENT OF FEES OR IFP APPLICATION: Plaintiff brings this action pro se. The total cost of the fees for filing a civil action in this Court is $400.00 a $350.00 filing fee plus a $50.00 administrative fee. Plaintiff submitted his complaint and payment of the $350.00 filing fee, but not payment of the $50.00 administrative fee. The Court therefore directs the Clerk of Court to return payment of the $350.00 filing fee to Plaintiff. If Plaintiff wishes to proceed with this action, he must pay $400.000 in fees within thirty days of the date of this order. The Court notes that Plaintiff is barred from filing civil actions in this Court in forma pauperis ("IFP") without first obtaining from the Court leave to file. Ratcliff v. Lighty, No. 14-CV-2704 (LAP) (S.D.N.Y. July 31, 2014). If, instead of paying the $400.00 in fees, Plaintiff files an IFP application, he must also comply with the Court's instructions in Ratcliff, No. 14-CV-2704 (LAP), about seeking leave from the Court to file this action. The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order and Plaintiff's payment of the $350.00 filing fee to Plaintiff, and note the mailing on the docket. No summons shall issue at this time. If Plaintiff complies with this order, the action shall be processed in accordance with the procedures of the Clerk's Office. If Plaintiff fails to comply with this order within the time allowed, the Court will dismiss this action. 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 appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. Filing Fee due by 11/26/2018. In Forma Pauperis (IFP) Application due by 11/26/2018. (Signed by Judge Colleen McMahon on 10/25/2018) (rjm). Transmission to Docket Assistant Clerk for processing. Transmission to Finance Unit (Cashiers) 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) |
| Mailed a copy of #3 Order Directing Payment of Fee or IFP Application, to Elijah W. Ratcliff 250 W 43rd St New York, NY 10036. (aea) |
| Filing 2 CIVIL COVER SHEET filed. (pne) |
| Filing 1 PETITION.Document filed by Elijah W. Ratcliff.(pne) (Additional attachment(s) added on 10/22/2018: #1 Exhibit Envelope) (pne). |
| Case Designated ECF. (pne) |
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| Defendant: Greyhound Lines, Inc. | |
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| Plaintiff: Elijah W. Ratcliff | |
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