Whitfield v. Operation et al
| Demitrius Whitfield |
| Medical, Mr. X., Security, Operation, Jamal and Katy |
| 1:2020cv07725 |
| September 17, 2020 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on November 5, 2020. A more recent docket listing may be available from PACER.
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| Mailed a copy of #4 Order of Dismissal, #5 Judgment, to Demitrius Whitfield at 52 Williams St., New York, NY 10005. (Attachments: # 1 Appeal Package) (dsh) |
Filing 5
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to comply with the Court's order. 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 11/4/2020) (Attachments: #1 Appeal Package) (nb) Transmission to Docket Assistant Clerk for processing.
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Filing 4
ORDER OF DISMISSAL: By order dated September 21, 2020, the Court directed Plaintiff to either pay the $400.00 in fees that are required to file a civil action in this court or submit a completed request to proceed in forma pauperis (IFP application) within thirty days. On October 19, 2020, the order was returned to the Court with a notation on the envelope indicating that the mail was undeliverable to that address. Plaintiff has not complied with the Court's order, has failed to notify the Court of a change of mailing address, and has not initiated any further contact with the Court, written or otherwise. Accordingly, Plaintiff's complaint, filed in forma pauperis pursuant to 28 U.S.C. 1915(a)(1), is dismissed without prejudice. See 28 U.S.C. 1914, 1915. 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, 44445 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Colleen McMahon on 11/4/2020) (nb) Transmission to Docket Assistant Clerk for processing.
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| Received returned mail re: #3 Order Directing Payment of Fee or IFP Application. Mail was addressed to Demitrius Whitfield, 52 Williams St., New York, NY 10005 and was returned for the following reason(s): Return To Sender Not Deliverable As Addressed Unable To Forward. (vn) |
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Filing 3
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my 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). Filing Fee due by 10/21/2020. In Forma Pauperis (IFP) Application due by 10/21/2020. (Signed by Judge Colleen McMahon on 9/21/20) (Attachments: #1 Supplement amended ifp) (bl) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #3 Order Directing Payment of Fee or IFP Application, and an Amended IFP Application, to Demitrius Whitfield at 52 Williams St., New York, NY 10005. (kh) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(bcu) |
| Filing 2 COMPLAINT against Jamal, Katy, Medical, Operation, Security, X. Document filed by Demitrius Whitfield. (sac) (Main Document 2 replaced on 9/21/2020) (sac). |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Demitrius Whitfield.(sac) |
| Case Designated ECF. (sac) |
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