Johnson v. McMahon et al
| Robert W. Johnson |
| The State of New York, Progressive Corporation and Judge Colleen McMahon |
| 1:2019cv05090 |
| May 29, 2019 |
| US District Court for the Southern District of New York |
| Louis L Stanton |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 cv |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 24, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Returned the original copy of Dkt. #6 Request to Proceed In Forma Pauperis and Motion pursuant to the Order at Dkt. #9 and mailed a copy of #9 Order on Motion for Hearing, to Robert W. Johnson 3345 Fish Avenue Apt. 1 Bronx, NY 10469. (aea) |
Filing 9
ORDER denying #7 Motion for Hearing. The Court denies Plaintiff's motion (ECF No. 7). The Court directs the Clerk of Court to strike Plaintiff's "IFP application and motion" (ECF No. 6) from the case because it is unnecessary; the Court already granted Plaintiff's IFP application. The Clerk of Court shall return the document to Plaintiff. Plaintiff's case in this Court under Docket No. 19-CV-5090 is closed. The Court will only accept for filing documents that are directed to the United States Court of Appeals for the Second Circuit. If Plaintiff files other documents in this case that are frivolous or meritless, the Court will disregard the documents without issuing an order. (Signed by Judge Louis L. Stanton on 7/18/2019) (mro) Transmission to Docket Assistant Clerk for processing.
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| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #8 Notice of Appeal filed by Robert W. Johnson 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: #8 Notice of Appeal. (tp) |
| Filing 8 NOTICE OF APPEAL from #5 Judgment - Sua Sponte (Complaint), #3 Order Granting IFP Application, #4 Order of Dismissal. Document filed by Robert W. Johnson. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
| Appeal Fee Due: for #8 Notice of Appeal. Appeal fee due by 7/29/2019. (tp) |
| Appeal Remark as to #8 Notice of Appeal filed by Robert W. Johnson. IFP DENIED 06/26/2019. (tp) |
| Filing 7 NOTICE OF MOTION; re: to set date for Hearing concerning the right to appeal to the Second Circuit Court of Appeals. Document filed by Robert W. Johnson.(sc) |
| ***STRICKEN DOCUMENT. Deleted document number 6 from the case record. The document was stricken from this case pursuant to #9 Order on Motion for Hearing. Documents to be returned by mail. (mro) |
| Filing 6 ***STRICKEN DOCUMENT. Deleted document number 6 from the case record. The document was stricken from this case pursuant to #9 Order on Motion for Hearing . Documents to be returned by mail. IFP APPLICATION & MOTION. Document filed by Robert W. Johnson.(sc) Modified on 7/24/2019 (mro). |
| Mailed a copy of #4 Order of Dismissal, #5 Judgment - Sua Sponte (Complaint), with Notice of Right to Appeal, to Robert W. Johnson 3345 Fish Avenue Apt. 1 Bronx, NY 10469. (aea) |
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Filing 5
CIVIL JUDGMENT. IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice to Johnson v. Progressive Corp. Ins. Co., No. 19-CV-0826 (N.D. Ohio) under 28 U.S.C. 1915(e)(2)(B)(iii). 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 Louis L. Stanton on 6/26/2019) (rjm) Transmission to Docket Assistant Clerk for processing.
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Filing 4
ORDER OF DISMISSAL. 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. Plaintiff's complaint, filed in forma pauperis under 28 U.S.C. 1915(a)(1), is dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(iii), and as duplicative of Johnson v. Progressive Corp. Ins. Co., No. 19-CV-0826 (N.D. Ohio). 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). The Clerk of Court is directed to docket this as a "written opinion" within the meaning of Section 205(a)(5) of the E-Government Act of 2002. SO ORDERED. (Signed by Judge Louis L. Stanton on 6/26/2019) (rjm) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Unassigned is no longer assigned to the case. (rjm) |
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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 6/5/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #3 Order Granting IFP Application to Robert W. Johnson 3345 Fish Avenue Apt. 1 Bronx, NY 10469. (aea) |
| Filing 2 COMPLAINT against Colleen McMahon, Progressive Corporation, The State of New York. Document filed by Robert W. Johnson.(sac) |
| Filing 1 MOTION for Leave to Proceed Informa Pauperis. Document filed by Robert W. Johnson. (sac) |
| Case Designated ECF. (sac) |
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