Downey v. United States of America
| Mark Downey |
| United States of America |
| 1:2019cv05985 |
| June 26, 2019 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Qui Tam (31 U.S.C. § 3729(a)) |
| 31 U.S.C. ยง 3729 |
| None |
Docket Report
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| Mailed a copy of #8 Judgment - Sua Sponte (Complaint), #7 Order, Notice of Appeal Forms, to Mark Downey Drawer SS McLean, VA 22101-0729. (vba) |
Filing 8
CIVIL JUDGMENT: Pursuant to the orders issued August 5, 2019, and August 20, 2019, IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed as frivolous under 28 U.S.C. 1915(e)(2)(B)(i), and Plaintiff is barred from filing future civil actions in forma pauperis in this Court without first obtaining from the Court leave to file, see 28 U.S.C. 1651. 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 8/20/2019) (cf) Transmission to Docket Assistant Clerk for processing.
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Filing 7
BAR ORDER UNDER 28 U.S.C. 1651: The Court bars Plaintiff from filing future civil actions IFP in this Court without first obtaining from the Court leave to file. See 28 U.S.C. 1651. Plaintiff must attach a copy of his proposed complaint and a copy of this order to any motion seeking leave to file. The motion must be filed with the Pro Se Intake Unit of this Court. If Plaintiff violates this order and files an action without filing a motion for leave to file, the Court will dismiss the action for failure to comply with this order. Plaintiff is further warned that the continued submission of vexatious, frivolous, or otherwise nonmeritorious documents may result in the imposition of additional sanctions, including monetary penalties. See id. The Clerk is directed to close this action. The Clerk of Court is directed to accept no further documents in this action other than those directed to the Court of Appeals. 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. 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 8/20/2019) (cf) Transmission to Docket Assistant Clerk for processing.
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| Transmission to Office of the Clerk of Court. Transmitted re: #7 Bar Order to the Office of the Clerk of Court for processing. (cf) |
| Filing 6 Declaration Opposition to (2) Dismissals and Show Cause. Document filed by Mark Downey. (vn) |
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Filing 5
ORDER OF DISMISSAL AND TO SHOW CAUSE UNDER 28 U.S.C. 1651. The Clerk is directed to assign these matters to my docket, mail a copy of this order to Plaintiff, and note service on the docket in both cases. The Court consolidates these two actions for the purpose of this order. The Clerk of Court is further instructed enter judgment in 19-CV-6646 (CM), and to hold 19-CV-5985 (CM) open on the docket until a civil judgment is entered. The complaints, filed in forma pauperis under 28 U.S.C. 1915(a), are dismissed as frivolous and for failure to state a claim upon which relief may be granted. See 28 U.S.C. 1915(e)(2)(B)(i), (ii). Plaintiff shall have thirty days to show cause by declaration, in 19-CV-5985 (CM), why an order should not be entered barring Plaintiff from filing any future action in forma pauperis in this Court without prior permission. A declaration form is attached to this order. 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. 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). SO ORDERED. (Signed by Judge Colleen McMahon on 8/2/2019) (rjm) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #5 Order 30 Days Other (case opening), to Mark Downey Drawer SS McLean, VA 22101-0729. (vba) |
| NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (sac) |
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Filing 4
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 7/18/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #4 Order Granting IFP Application to Mark Downey Drawer SS McLean, VA 22101-0729. (vba) |
| Filing 3 LETTER from Mark Downey dated 7/5/19 re: It is critical that this Motion to Accommodate the Disabled be ruled and in a timely response, I cannot travel to your Court being disabled. Document filed by Mark Downey.(sbr) |
| Filing 2 COMPLAINT against United States of America. Document filed by Mark Downey.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Mark Downey.(rdz) |
| Case Designated ECF. (rdz) |
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| Defendant: United States of America | |
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