Brett v. Joe and Jill Biden et al
| Frank Brett |
| Jepp Epstein, Joe Anice, Solomon Melgin, Don Edwards, Glen Knight, Floyd Wheeler, Joe and Jill Biden, Mr. Gunther, Yolanda Rivera, Duchy Burntz, Robert Brady, Joe Amice, Gene, Robert Hernandez, Tyrone Riley, Rev. Rodgers, Tom Flannery and Mr. Cohen Blazer |
| 1:2019cv07531 |
| August 9, 2019 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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This docket was last retrieved on September 5, 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 Brett 822 Johston Street Philadelphia, PA 19148 and was returned for the following reason(s): Return to Sender Attempted Not Known Unable to Forward. (vba) |
| Mailed a copy of #4 Order of Dismissal, #5 Judgment - Sua Sponte (Complaint), Notice of Appeal Forms, to Frank Brett 822 Johston Street Philadelphia, PA 19148. (vba) |
Filing 5
CIVIL JUDGMENT: Pursuant to the order issued August 19, 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 frivolous. 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 8/19/2019) (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, but 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 frivolous. The Clerk of Court is directed to remove any restrictions placed on this case. 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 IFP 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 8/19/2019) (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) |
| Filing 3 MOTION to File Under Seal. Document filed by Frank Brett.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Frank Brett.(rdz) |
| Case Designated ECF. (rdz) |
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