Smith v. Commonwealth of Virginia et al
Plaintiff: Wesley Edward Smith, III
Defendant: Commonwealth of Virginia and Senator Tim Kaine
Case Number: 1:2020cv07521
Filed: September 11, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Colleen McMahon
Nature of Suit: Civil Rights: Other
Cause of Action: 28:1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 15, 2020 Mailed a copy of #3 Order of Dismissal, #4 Judgment, to Wesley Edward Smith, III at 465 N. Nassau Street, Charleston, SC 29403. (Attachments: Appeal Package) (dsh)
September 15, 2020 Opinion or Order Filing 4 CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED that under the February 27, 2014 order in Smith v. Commonwealth of Virginia, No. 1:13-CV-8111, 7 (LAP) (S.D.N.Y. Feb. 27, 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 9/15/2020) (Attachments: #1 Appeal Package) (nb) Transmission to Docket Assistant Clerk for processing.
September 15, 2020 Opinion or Order Filing 3 ORDER OF DISMISSAL: On February 27, 2014, Plaintiff was barred from filing any new action in forma pauperis (IFP) without first obtaining from the Court leave to file. See Smith v. Commonwealth of Virginia, No. 1:13-CV-8111, 7 (LAP) (S.D.N.Y. Feb. 27, 2014). Plaintiff files this new pro se case, seeks IFP status, and has not sought leave from the Court. This action is therefore dismissed without prejudice for Plaintiff's failure to comply with the February 27, 2014 order. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the 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). (Signed by Judge Colleen McMahon on 9/15/2020) (nb) Transmission to Docket Assistant Clerk for processing.
September 15, 2020 NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(bcu)
September 11, 2020 Case Designated ECF. (rdz)
September 11, 2020 Filing 2 COMPLAINT against Commonwealth of Virginia, Tim Kaine. Document filed by Wesley Edward Smith, III.(rdz)
September 11, 2020 Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Wesley Edward Smith, III.(rdz)

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Defendant: Commonwealth of Virginia
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Defendant: Senator Tim Kaine
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Plaintiff: Wesley Edward Smith, III
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