Banks v. Braun et al
| Frederick Banks |
| Gina Hospel, Central Intelligence Agency, Big Machine Records and Scooter Braun |
| 1:2019cv06591 |
| July 8, 2019 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 fd |
| None |
Docket Report
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| Document Text |
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| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #6 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #6 Notice of Appeal filed by Frederick Banks were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 6 NOTICE OF APPEAL from #4 Judgment - Sua Sponte (Petition), #3 Order of Dismissal. Document filed by Frederick Banks. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Motion for IFP) (tp) |
| Appeal Fee Due: for #6 Notice of Appeal. Appeal fee due by 9/9/2019. (tp) |
| Appeal Remark as to #6 Notice of Appeal filed by Frederick Banks. IFP DENIED 07/23/2019. (tp) |
| Filing 5 MOTION to Vacate #3 Order of Dismissal. Document filed by Frederick Banks. (sac) |
Filing 4
CIVIL JUDGMENT. IT IS ORDERED, ADJUDGED, AND DECREED that the complaint is dismissed without prejudice under the Prison Litigation Reform Act's "three strikes" rule. See 28 U.S.C. 1915(g). Plaintiff continues to be barred from filing any civil action under the in forma pauperis (IFP) statute while a prisoner unless Plaintiff is under imminent danger of serious physical injury. See 28 U.S.C. 1915(g). 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 Colleen McMahon on 7/23/2019) (rjm) Transmission to Docket Assistant Clerk for processing.
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Filing 3
ORDER OF DISMISSAL UNDER 28 U.S.C. 1915(g). 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 denies Plaintiff's request to proceed IFP, and the complaint is dismissed without prejudice under the PLRA's "three-strikes" rule. See 28 U.S.C. 1915(g). Plaintiff remains barred from filing any future action IFP while in custody, unless he is under imminent threat of serious physical injury. 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 IFP 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 7/23/2019) (rjm). Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing.
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| Mailed a copy of #4 Judgment - Sua Sponte (Petition), #3 Order of Dismissal, Notice of Appeal Forms, to Frederick Banks DOC & POD No. 120759 Allegheny Coutny Jail 950 Second Avenue 8E Pittsburgh, PA 15219. (vba) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (rjm) |
| Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Frederick Banks. (sac) |
| Filing 1 MOTION AND DECLARATION IN SUPPORT OF MOTION TO PROCEED IN FORMA PAUPERIS. Document filed by Frederick Banks. (sac) |
| Case Designated ECF. (sac) |
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