Onatolu v. United States District Court
| Adekunle A. Onatolu |
| United States District Court |
| 1:2020cv10995 |
| December 23, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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| Document Text |
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| Received returned mail re: Mail Order by USPS, #3 Order of Dismissal #4 Judgment - Sua Sponte (Complaint). Mail was addressed to Adekule A. Onatolu at 161 Lexington Avenue, New York, NY 10016 and was returned for the following reason(s): Return To Sender- Insufficient Address- Unable To Forward..(ta) |
| Mailed a copy of #3 Order of Dismissal, #4 Judgment - Sua Sponte (Complaint), to Adekule A. Onatolu at 161 Lexington Avenue, New York, NY 10016. (Attachments: # Appeal Package) (dsh) |
Filing 4
CIVIL JUDGMENT. IT IS ORDERED, ADJUDGED, AND DECREED that under the July 9, 2015 order in Onatolu v. U.S. Army, ECF 1:15-CV-2829, 4 (S.D.N.Y. July 9, 2015), 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. SO ORDERED. (Signed by Judge Colleen McMahon on 12/29/2020) (Attachments: #(1) Appeal Package) (rjm) Transmission to Docket Assistant Clerk for processing.
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Filing 3
ORDER OF DISMISSAL UNDER 28 U.S.C. 1651. Plaintiff files this new pro se case and seeks to proceed IFP. He also submits a motion for extension of time to file notice of appeal and a motion for leave to proceed IFP on appeal (ECF No. 1-1), but he has not sought leave from the Court. This action is therefore dismissed without prejudice for Plaintiff's failure to comply with the July 9, 2015 order. All other matters are terminated. 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). SO ORDERED. (Signed by Judge Colleen McMahon on 12/29/2020) (rjm) 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 United States District Court. Document filed by Adekunle A. Onatolu..(rdz) Modified on 12/30/2020 (rdz). |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Adekunle A. Onatolu..(rdz) (Additional attachment(s) added on 12/29/2020: #1 Supplement) (rdz). Modified on 12/30/2020 (rdz). |
| Case Designated ECF. (rdz) |
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| Plaintiff: Adekunle A. Onatolu | |
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| Defendant: United States District Court | |
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