Calvino v. D.E.A.
| Ernest Calvino, Jr. |
| D.E.A. |
| 1:2020cv00649 |
| January 22, 2020 |
| 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 February 13, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Transmission to Office of the Clerk of Court. Transmitted re: #5 Order, to the Office of the Clerk of Court for processing. (mml) |
Filing 5
ORDER IMPOSING FILING RESTRICTIONS UNDER 28 U.S.C. 1651: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Plaintiff's complaint, filed IFP under 28 U.S.C. 1915(a)(1), is dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(i). Plaintiff is required to seek permission to file any new action in this Court. To seek permission, Plaintiff must: a) Submit a motion titled "Motion for Leave to File" that explains why he should be permitted to file the new action or proceeding and why this Court is a proper venue for the action or proceeding; b) Attach a copy of this order; c) Include either (i) the full filing fees or (ii) a request to proceed without prepayment of fees; and d) Include a statement, made under penalty of perjury, stating that the claims are not frivolous or in bad faith, that the lawsuit is not brought for any improper purpose, such as to harass or cause unnecessary delay, and that the filing complies with this Court's orders, the Federal Rules of Civil Procedure, and this Court's Local Rules. The Clerk of Court is directed not to accept any complaint from Plaintiff unless he complies with the above requirements. 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). SO ORDERED. (Signed by Judge Colleen McMahon on 2/13/2020) Copies Mailed By Chambers. (mml) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #5 Order, to Ernest Calvino, Jr. 3600 Jerome Avenue Bronx, NY 10467..(vba) |
| Mailed a copy of #4 Order of Dismissal, to Ernest Calvino, Jr. 3600 Jerome Avenue Bronx, NY 10467..(vba) |
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Filing 4
ORDER OF DISMISSAL AND TO SHOW CAUSE UNDER 28 U.S.C. 1651 WHY FILING RESTRICTIONS SHOULD NOT BE IMPOSED. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Clerk of Court is further instructed to hold this matter open on the docket until a civil judgment is entered. Plaintiff's complaint is dismissed as frivolous under 28 U.S.C. 1915(e)(2)(B)(i). Plaintiff is granted ten days to show cause why the Court should not impose the above filing restrictions. A declaration form is attached to this order. 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). SO ORDERED. (Signed by Judge Colleen McMahon on 1/31/2020) (rjm) Transmission to Docket Assistant Clerk for processing.
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Filing 3
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 1/27/2020) (va) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb) |
| Mailed a copy of #3 Order Granting IFP Application to Ernest Calvino, Jr. 3600 Jerome Avenue Bronx, NY 10467. (aea) |
| Filing 2 COMPLAINT against D.E.A.. Document filed by Ernest Calvino, Jr.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Ernest Calvino, Jr.(rdz) |
| Case Designated ECF. (rdz) |
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| Plaintiff: Ernest Calvino, Jr. | |
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| Defendant: D.E.A. | |
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