Lininger v. The Franklin County State of Pennsylvania No. 8 et al
| Richard E. Lininger |
| Chambersburg Police Department, Dwayne Mallat, Anton Rhodes, The Franklin County State of Pennsylvania No. 8, Joseph Johnson and Officer Cole Baker |
| 1:2020cv07518 |
| September 14, 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 October 14, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Transmission to Docket Assistant Clerk. Transmitted re: #4 Judgment - Sua Sponte (Complaint), to the Docket Assistant Clerk for case processing. (sac) |
| Mailed a copy of #4 Judgment - Sua Sponte (Complaint), #3 Order of Dismissal, and Notice of Appeal Instructions to Richard E. Lininger at 348 East King St., Chamug, PA 17201. (kh) |
Filing 4
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice to the pending action under docket number 20-CV-6509. The Court certifies, pursuant to 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 10/13/2020) (sac) Transmission to Docket Assistant Clerk for processing. (Additional attachment(s) added on 10/14/2020: #1 Pro Se Appeal Package) (sac).
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Filing 3
ORDER OF DISMISSAL: Plaintiff Richard E. Lininger, appearing pro se, brings this action, alleging violations of his rights. The Court dismisses the complaint for the following reasons. Plaintiff has previously submitted to this Court a duplicate complaint against the same defendants. That case is presently pending before the Honorable Louis L. Stanton of this Court under docket number 20-CV-6509. As this complaint raises the same claims, no useful purpose would be served by litigating this duplicate lawsuit. Therefore, this complaint is dismissed without prejudice to Plaintiff's pending case under docket number 20-CV-6509. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Plaintiffs complaint is dismissed as duplicative. 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). (Signed by Judge Colleen McMahon on 10/13/2020) (sac) 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 2 COMPLAINT against Cole Baker, Chambersburg Police Department, Joseph Johnson, Dwayne Mallat, Anton Rhodes, The Franklin County State of Pennsylvania No. 8. Document filed by Richard E. Lininger.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Richard E. Lininger..(rdz) |
| Case Designated ECF. (rdz) |
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