Jeanty v. Bottini Fuel Oil et al
| Kervin Jeanty |
| Bottini Fuel Oil, Mark Bottini and Nancy Doe |
| 1:2021cv08316 |
| October 7, 2021 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Civil Rights: Jobs |
| Plaintiff |
Docket Report
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| MAILING RECEIPT: Document No: 7,8. Mailed to: Kervin Jeanty 11 Kentucky Dr. Newburg, NY 12550. (dsh) |
| Mailed a copy of #7 Order of Dismissal, #8 Judgment - Sua Sponte (Complaint), to Kervin Jeanty 11 Kentucky Dr. Newburg, NY 12550. (dsh) |
Filing 8
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed under 28 U.S.C. 1915(e)(2)(B)(ii). 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 3/18/22) (rdz) (Additional attachment(s) added on 3/18/2022: #1 PRO SE APPEAL PACAKGE) (rdz).
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Filing 7
ORDER OF DISMISSAL: By order dated November 5, 2021, the Court directed Plaintiff to file an amended complaint within 60 days. That order specified that failure to comply would result in dismissal of the complaint. On January 18, the Court granted Plaintiff an additional 30 days to file an amended complaint. Plaintiff has not filed an amended complaint. Accordingly, the complaint, filed in forma pauperis (IFP) under 28 U.S.C. 1915(a)(1), is dismissed under 28 U.S.C. 1915(e)(2)(B)(ii). 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). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/18/22) (rdz)
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| Mailed a copy of #6 Order 30 Days Amended Complaint (case opening) to Kervin Jeanty at 11 Kentucky Dr., Newburg, NY 12550. (kh) |
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Filing 6
ORDER: In a letter dated December 15, 2021, Plaintiff requested an extension of time of file an amended complaint. (ECF 5.) The Court grants Plaintiff an additional 30 days, from the date of this order, to file his amended complaint. (Signed by Judge Laura Taylor Swain on 1/18/2022) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 5 LETTER addressed to Judge Laura Taylor Swain from K. Jeanty dated 12/10/21 re: "EXTENSION REQUEST" - At this time, I am having a conflict with my Liberty and am unable to address these matters at this time etc. If possible, I would like an extension until mid to late February in order for the Complaint to be amended. Document filed by Kervin Jeanty.(sc) |
| Mailed a copy of #4 Order 30 Days Amended Complaint (case opening) to Kervin Jeanty at 11 Kentucky Dr., Newburg, NY 12550. (kh) |
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Filing 4
ORDER TO AMEND: Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. 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-8316 (LTS). An Amended Complaint for Employment Discrimination 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 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). 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 11/5/2021) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 3
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 10/26/2021) (vn) 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. (aea) |
| Filing 2 COMPLAINT against Mark Bottini, Bottini Fuel Oil, Nancy Doe. Document filed by Kervin Jeanty. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Kervin Jeanty. (sac) |
| Case Designated ECF. (sac) |
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