Molina v. Department of Corrections
Plaintiff: Julio Molina
Defendant: Department of Corrections
Case Number: 1:2019cv09388
Filed: October 10, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Colleen McMahon
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 12, 2019 Mailed a copy of #8 Judgment - Sua Sponte (Complaint), #7 Order of Dismissal, with Notice of Right to Appeal to Julio Molina 441-1900853 1500 Hazen Street East Elmhurst, NY 11370. (aea)
November 12, 2019 Opinion or Order Filing 8 CIVIL JUDGMENT: Pursuant to the order issued November 12, 2019, dismissing the complaint, IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to comply with the Court's order. 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 11/12/2019) (Attachments: #1 Pro Se Appeal Package)(mro) Transmission to Docket Assistant Clerk for processing.
November 12, 2019 Opinion or Order Filing 7 ORDER OF DISMISSAL: By order dated October 10, 2019, the Court directed Plaintiff, within thirty days, to submit a completed prisoner authorization or pay the $400.00 in fees required to file a civil action in this Court. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed a prisoner authorization or paid the fee. Accordingly, the complaint is dismissed without prejudice to Plaintiff's refiling a new action. See 28 U.S.C. 1914, 1915. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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 IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Colleen McMahon on 11/12/2019) (mro) Transmission to Docket Assistant Clerk for processing.
October 11, 2019 Mailed a copy of #6 Order Directing Prisoner Authorization, to Julio Molina 441-1900853 1500 Hazen Street East Elmhurst, NY 11370. (vba)
October 10, 2019 NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb)
October 10, 2019 Opinion or Order Filing 6 ORDER DIRECTING PRISONER AUTHORIZATION: Plaintiff is directed to submit a completed and signed Prisoner Authorization Form to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my 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). Prisoner Authorization Form due by 11/12/2019. (Signed by Judge Colleen McMahon on 10/10/2019) (Attachments: #1 proposed prisoner authorization)(keb) Transmission to Docket Assistant Clerk for processing.
October 10, 2019 Case Designated ECF. (sjo)
October 10, 2019 Filing 5 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:19-cv-05624. Original file certified copy of transfer order and docket entries received. (sjo)
October 10, 2019 Case electronically transferred to the Southern District of New York. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Abdallah, Fida) [Transferred from New York Eastern on 10/10/2019.]
October 10, 2019 Opinion or Order Filing 4 TRANSFER ORDER: This case is transferred to the United States District Court for the Southern District of New York. See 28 U.S.C. 112(b) (stating that New York County is located in the Southern District of New York); 28 U.S.C. 1406(a) (noting that a district court may transfer a case filed in the wrong district to any district in which it could have been brought). A decision on plaintiff's application to proceed in forma pauperis is reserved for the transferee court. This Court offers no opinion on the merits of the claims. That provision of Rule 83.1 of the Local Rules of the Eastern District of New York which requires a seven-day delay is waived. Summonses shall not issue from this Court. Ordered by Judge Pamela K. Chen on 10/10/2019. (Abdallah, Fida) [Transferred from New York Eastern on 10/10/2019.]
October 4, 2019 Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) [Transferred from New York Eastern on 10/10/2019.]
September 30, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis by Julio Molina. (Davis, Kimberly) . [Transferred from New York Eastern on 10/10/2019.]
September 30, 2019 Filing 1 COMPLAINT against Department of Corrections, filed by Julio Molina. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) . [Transferred from New York Eastern on 10/10/2019.]

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