Virgo v. Sabbazz et al
| Virgillio Virgo |
| John Wright, Hectors Estavez and Raheem Sabbazz |
| 1:2021cv05172 |
| June 9, 2021 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on June 16, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Mailed a copy of #3 Judgment - Sua Sponte (Complaint), #2 Order of Dismissal, to Virgillio Virgo at Northwestern Human Service, 637 11th Ave., Bethlehem, PA 18018. (Attachments: # 1 PRO SE APPEAL PACKAGE) (dsh) |
Filing 3
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED that under the September 21, 2018 order in Virgo v. Wright, ECF 1:17-CV-10006, 6 (S.D.N.Y. Sept. 21, 2018), 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 Laura Taylor Swain on 6/14/21) (Attachments: #1 PRO SE APPEAL PACKAGE) (rdz) Transmission to Docket Assistant Clerk for processing.
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Filing 2
ORDER OF DISMISSAL UNDER 28 U.S.C. 1651: By order dated September 21, 2018, the Court barred Plaintiff from filing any new action in forma pauperis (IFP) without first obtaining from the Court leave to file. See Virgo v. Wright, ECF 1:17-CV-10006, 6 (S.D.N.Y. Sept. 21, 2018). Plaintiff files this new pro se case and seeks IFP status, but has not sought leave from the Court to file this action.1This action is therefore dismissed without prejudice because Plaintiff failed to comply with the September 21, 2018 order. The Clerk of Court is directed 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 Laura Taylor Swain on 6/14/21) (rdz) 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..(wb) |
| Filing 1 COMPLAINT against Hectors Estavez, Raheem Sabbazz, John Wright. Document filed by Virgillio Virgo. (sac) |
| Case Designated ECF. (sac) |
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