Hurt v. United States of America et al
| Tyrone Hurt |
| State of New York and United States of America |
| 1:2020cv05930 |
| July 29, 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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| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #4 Notice of Appeal filed by Tyrone Hurt were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #4 Notice of Appeal. (tp) |
| Filing 4 NOTICE OF APPEAL from #2 Order of Dismissal. Document filed by Tyrone Hurt. 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 #4 Notice of Appeal. Appeal fee due by 9/8/2020. (tp) |
| Appeal Remark as to #4 Notice of Appeal filed by Tyrone Hurt. IFP Denied 07/30/2020. (tp) |
| Mailed a copy of #2 Order of Dismissal, #3 Judgment, and Notice of Appeal Instructions to Tyrone Hurt at 6120 Georgia Ave., Unit #101, Washington, DC 20011. (kh) |
Filing 3
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED that under the October 11, 2013 order in Hurt v. D.C. Bd. of Parole, ECF 1:13-CV-5365, 3 (S.D.N.Y. Oct. 11, 2013), appeal dismissed, No. 13-4474 (2d Cir. Apr. 3, 2014), the complaint is dismissed without prejudice. 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 7/30/2020) (Attachments: #1 Appeal Package) (nb) Transmission to Docket Assistant Clerk for processing.
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Filing 2
ORDER OF DISMISSAL UNDER 28 U.S.C. 1651: On October 11, 2013, Plaintiff was barred from filing any new action in forma pauperis (IFP) without first obtaining from the Court leave to file. See Hurt v. D.C. Bd. of Parole, ECF 1:13-CV-5365, 3 (S.D.N.Y. Oct. 11, 2013), appeal dismissed, No. 13-4474 (2d Cir. Apr. 3, 2014). Plaintiff files this new pro se case without paying the filing fees or seeking leave to file from the Court. This action is therefore dismissed without prejudice for Plaintiff's failure to comply with the Court's October 11, 2013 order in Hurt, ECF 1:13-CV-5365, 3. 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 7/30/2020) (nb) 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..(bcu) |
| Filing 1 COMPLAINT against State of New York, United States of America. Document filed by Tyrone Hurt.(rdz) |
| Case Designated ECF. (rdz) |
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