Davis v. City of New York et al
Eugene J Davis |
City of New York, Mayor De Blasio, Project Renewal, Sera Security, Department of Homeless Services, N.Y.C.H.A. and Oasis |
Jody and Director of Fort Washington |
1:2020cv03892 |
May 15, 2020 |
US District Court for the Southern District of New York |
Laura Taylor Swain |
Civil Rights: Other |
42 U.S.C. ยง 1983 |
None |
Docket Report
This docket was last retrieved on January 7, 2021. A more recent docket listing may be available from PACER.
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Filing 7 DECLARATION of Eugene J Davis re: #6 Order. Document filed by Eugene J Davis. (sac) |
Filing 6 ORDER (Dkt. 48), filed in 20-CV-570 (LTS)(SDA): By order dated February 25, 2020, Chief Judge McMahon denied Plaintiffs permission to prosecute this case as a class action, dismissed all claims of Plaintiff Syville that were purportedly asserted on behalf of other individuals, and stated that the claims of the 28 other named plaintiffs would be dismissed without prejudice if those individuals failed to file declarations confirming their assent to the complaint and intention to proceed as plaintiffs in this action within 30 days. On May 4, 2020, Plaintiff Syville filed a letter which included the required declarations signed by Donald Lord, Anthony McDonald, Raymon Dash, Anthony Ashley, Issac Dickerson, Eugene Davis, and Alfred Wilder. (Docket Entry No. 42.) The Court accepts these declarations as timely in light of the current public health crisis and the reasons stated in Plaintiff Syville's letter. (Id.) The claims of all other named plaintiffs, including those of Dexter Murray, are dismissed without prejudice. The application of Dexter Murray for a temporary restraining order (Docket Entry No. 35) is denied without prejudice, as his claims are dismissed without prejudice. Chambers will mail a copy of this order to Alphonso Syville, Donald Lord, Anthony McDonald, Raymon Dash, Anthony Ashley, Issac Dickerson, Eugene Davis, and Alfred Wilder. (Signed by Judge Laura Taylor Swain on 5/8/2020) (sac) |
Filing 5 ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 5/8/2020) (sac) |
Filing 4 ORDER (Dkt. 36), filed in 20-CV-570 (LTS)(SDA): The Clerk of Court is directed to mail a copy of this order to each of the individuals listed as plaintiffs, with the exception of Alphonso Syville, and note service on the docket. Syville has consented to electronic service of Court documents. (ECF 3.) The Court denies the request for this action to proceed as a class action. The Court also dismisses without prejudice any claims Syville asserts on behalf of any other individual. The Court grants those individuals listed as plaintiffs, other than Syville, leave to each file a completed and signed separate declaration in which they each declare that they are a plaintiff in this action, that they are appearing pro se, and that they agree with what is alleged in the complaint. Each declaration must be filed within 30 days of the date of this order. A declaration form is attached to this order. No summons shall issue at this time. If an individual who is listed as a plaintiff, other than Syville, fails to file a declaration within the time allowed, the Court will dismiss that individual's claims. 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 appellant demonstrates good faith when seeking review of a nonfrivolous issue). (Signed by Judge Colleen McMahon on 2/25/2020) (sac) |
Filing 3 COMPLAINT against City of New York, De Blasio, Department of Homeless Services, N.Y.C.H.A., Oasis, Project Renewal, Sera Security. Document filed by Eugene J Davis. (sac) |
Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Eugene J Davis. (sac) |
Filing 1 ORDER (Dkt. 53), filed in 20-CV-570 (LTS)(SDA): Chambers will mail a copy of this Order to Plaintiffs Donald Lord, Anthony McDonald, Raymon Dash, Anthony Ashley, Issac Dickerson, Eugene Davis, and Alfred Wilder. Plaintiff Alphonso Syville has consented to electronic service of Court documents. (ECF 3.) The Court dismisses the plaintiffs' claims against the New York City Department of Homeless Services. 28 U.S.C. 1915(e)(2)(B)(ii). The Court severs the claims of Plaintiffs Donald Lord, Anthony McDonald, Raymon Dash, Anthony Ashley, Issac Dickerson, Eugene Davis, and Alfred Wilder from this action and from each other. The Court directs the Clerk of Court to (1) open a new and separate civil action for each of those plaintiffs, and (2) docket copies of the complaint (ECF 2), the corresponding declaration (ECF 42, at 5, 6, 7, 8, 9, 10, or 11), the corresponding IFP application (ECF 5, 7, 14, 15, 16, 18, or 29), the Court's February 25, 2020 and May 8, 2020 Orders (ECF 36 & 48), the corresponding Order granting IFP status (ECF 45, 46, 47, 49, 50, 51, or 52), and this Order in those new civil actions. The undersigned accepts the assignment of each of the actions as a related case, to facilitate any feasible coordination of case management. The Court consolidates this action with Syville v. City of New York, 1:20-CV-0571 (LTS) (SDA). 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 Laura Taylor Swain on 5/15/2020) (sac) |
Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sac) |
Case Designated ECF. (sac) |
CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-00571-LTS-SDA. (sac) |
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