Kellier v. Acosta et al
| Joshua B. Kellier |
| DHS Mrs. Montunga, NAICA Anthony Acosta, DHS Mrs. Hyler, Skyway Mens Shelter, NAICA Julius Doe and Police Officer Being Doe |
| 1:2021cv03923 |
| May 3, 2021 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 29, 2021. A more recent docket listing may be available from PACER.
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| Filing 6 LETTER addressed to Judge Laura Taylor Swain from J. Kellier, dated 6/19/21 re: The Court created the second filing, the second index, not the plaintiff. Plaintiff never received an index number in this case. Plaintiff is withdrawing the previous letter sent with tracking number #70 1222 10000 2690 46286 to submit and file this letter containing evidence supporting the plaintiff's argument. See exhibit Envelope, USPS tracking web page printout on plaintiff's motion and 4/6/21 filing. The letter being withdrawn was sent earlier this day(6/22/21) etc. Document filed by Joshua B. Kellier.(sc) Modified on 6/30/2021 (sc). |
| Filing 5 LETTER addressed to Judge Laura Taylor Swain from Joshua Kellier, dated 6/19/21 re: "MAIL FRAUD & VIOLATIONS OF LAW"- Plaintiff told Mrs. Shaw that he mailed his complaint against DHS on 4/6/21. Mrs. Shaw refused to perform her duty of proper record keeping and put it down as Plaintiff filed his record on 4/29/21, rather than 4/6/21. Plaintiff's complaint was still in the package that postmarked the date the office received his complaint.(see exhibit _) etc. The concealment of the mail for 20 days exceeded past the day victim freely mailed it on 4/6/21, 24 days past the deadline or when the Court received victim's complaint etc. Document filed by Joshua B. Kellier.(sc) |
| Mailed a copy of #4 Judgment - Sua Sponte (Complaint), #3 Order of Dismissal, and Notice of Appeal Instructions to Joshua B. Kellier at P.O. Box 23678, Brooklyn, NY 11201. (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 21-CV-3921. 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 Unassigned on 5/26/2021) (Attachments: #1 Pro Se Appeal Package) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 3
ORDER OF DISMISSAL: Plaintiff's complaint is dismissed without prejudice as duplicative. The order directing Plaintiff to either pay the fees or submit an application for leave to proceed in forma pauperis vacated. (ECF 2.) 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). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. (Signed by Judge Laura Taylor Swain on 5/26/2021) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 2
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 6/11/2021. In Forma Pauperis (IFP) Application due by 6/11/2021. (Signed by Judge Laura Taylor Swain on 05/12/21) (Attachments: #1 Supplement ifp) (bl) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(bcu) |
| Mailed a copy of #2 Order Directing Payment of Fee or IFP Application, to Joshua B. Kellier at P.O. Box 23678, Brooklyn, NY 11201. (dsh) |
| Filing 1 COMPLAINT against Anthony Acosta, Being Doe, Hyler, Julius Doe, Montunga, Skyway Mens Shelter. Document filed by Joshua B. Kellier. (Attachments: #1 Exhibit).(rdz) |
| Case Designated ECF. (rdz) |
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