Finnegan v. Lemonade et al
| Sean Matthew Finnegan |
| Evan Whiley and Lemonade |
| 1:2021cv05719 |
| July 1, 2021 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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This docket was last retrieved on October 20, 2021. A more recent docket listing may be available from PACER.
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Filing 6
ORDER OF DISMISSAL WITH LEAVE TO REPLEAD: Plaintiff's complaint, filed IFP under 28 U.S.C. 1915(a)(1), is dismissed for failure to state a claim on which relief may be granted under 28 U.S.C. 1915(e) (2)(B)(ii). The Court grants Plaintiff 30 days' leave to replead his FDCPA claim in an amended complaint. The Clerk of Court is directed not to enter judgment and to hold this matter open on the docket for 30 days in order to provide Plaintiff an opportunity to file an amended complaint. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within 30 days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 21-CV-5719 (LTS). An Amended Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the complaint will be dismissed for failure to state a claim upon which relief may be granted. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Laura Taylor Swain on 8/2/2021) (sac) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #6 Order 30 Days Amended Complaint (case opening), to Sean Matthew Finnegan at 470 L'Enfant Plaza SW, Suite 604-44741, Washington, DC 20026. (dsh) |
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Filing 5
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 7/13/2021) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 4 AMENDED APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Sean Matthew Finnegan.(sc) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
| Mailed a copy of #3 Order Directing Payment of Fee or IFP Application to Sean Matthew Finnegan at 470 L'Enfant Plaza SW, Suite 604-44741, Washington, DC 20026. (kh) |
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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 8/2/2021. In Forma Pauperis (IFP) Application due by 8/2/2021. (Signed by Judge Laura Taylor Swain on 07/02/2021) (Attachments: #1 Supplement amended ifp) (bl) Transmission to Docket Assistant Clerk for processing.
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| Filing 2 COMPLAINT against Lemonade, Evan Whiley. Document filed by Sean Matthew Finnegan..(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Sean Matthew Finnegan..(rdz) |
| Case Designated ECF. (rdz) |
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