Brett v. Samson et al
| Frank M. Brett |
| Officer Oscar, Joe Anice-Gana, Rev. Love, Louis Guandex Lopez, David Samson, Zane Messing, Richard Condon, Herrand Palmeto, Chermal Fishmen, Luchase, Bill Christensen, Mrs. Bolton, Way, David Wildstein, Mr. Devine, Floyd Wheeler, Bill Baronif, Wolf and Samson Law Firm, John Pon, Officer Mills, Mr. Service, Mr. Hassem Critain, Mrs. Lyons, Jaime Fox, Joe Thicher, Burdett Tomlinson, Mihe Luchase, Ben Ward, Rev. Hall, Mr. Raddle, Mrs. Noryega, Robert Rochweil and Bridget Kelley |
| 1:2019cv05889 |
| June 20, 2019 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 2, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Received returned mail re: #4 Order of Dismissal, #5 Judgment - Sua Sponte (Complaint). Mail was addressed to Frank M. Brett 822 Johnston St. New York, NY 19148 and was returned for the following reason(s): Returned for Better Address. (aea) |
| Mailed a copy of #5 Judgment - Sua Sponte (Complaint), #4 Order of Dismissal, Notice of Appeal Forms to Frank M. Brett 822 Johnston St. Philadelphia, PA 19148. (vba) |
Filing 5
CIVIL JUDGMENT: Pursuant to the order issued June 25, 2019, dismissing the complaint, IT IS ORDERED, ADJUDGED, AND DECREED that under the July 11, 2011 order in Brett v. Falcone, et al., No. 11-CV-2669 (LAP) (S.D.N.Y. July 21, 2011), the complaint is dismissed without prejudice. Plaintiff's request to file this case under seal (ECF No. 3) is denied as moot. 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 6/25/2019) (Attachments: #1 Pro Se Appeal Package)(mro) Transmission to Docket Assistant Clerk for processing.
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Filing 4
ORDER OF DISMISSAL UNDER 28 U.S.C. 1651: On July 11, 2011, Plaintiff was barred from filing any new action in forma pauperis (IFP) without first obtaining from the Court leave to file. See Brett v. Falcone, et al., No. 11-CV-2669 (LAP) (S.D.N.Y. July 21, 2011). Plaintiff files this new pro se case, seeks IFP status, and has not sought leave from the Court. This action is therefore dismissed without prejudice for Plaintiff's failure to comply with the July 11, 2011 order. Plaintiff's request to file this case under seal (ECF No. 3) is denied as moot. 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, 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). (Signed by Judge Colleen McMahon on 6/25/2019) (mro) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (mro) |
| Mailed a copy of #5 Judgment - Sua Sponte (Complaint), #4 Order of Dismissal, Notice of Appeal Forms, to Frank M. Brett 822 Johnston St. New York, NY 19148. (vba) |
| Filing 3 LETTER from Frank Brett re: Motion to file under seal. Document filed by Frank M. Brett.(rdz) |
| Filing 2 COMPLAINT against Joe Anice-Gana, Bill Baronif, Bolton, Bill Christensen, Richard Condon, Hassem Critain, Devine, Chermal Fishmen, Jaime Fox, Hall, Bridget Kelley, Louis Guandex Lopez, Love, Luchase(U.S. Marshall), Mihe Luchase, Lyons, Zane Messing, Mills, Noryega, Oscar, Herrand Palmeto, John Pon, Raddle, Robert Rochweil, David Samson, Service, Joe Thicher, Burdett Tomlinson, Ben Ward, Way, Floyd Wheeler, David Wildstein, Wolf and Samson Law Firm. Document filed by Frank M. Brett.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Frank M. Brett.(rdz) |
| Case Designated ECF. (rdz) |
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