DeRouseau et al v. Family Court et al
| Kyle G. DeRouseau and K.M.D. |
| Family Court, Judge Arlene (Gordon) Oliver, Eva Bunting Smith, Esq., Arnold Szherzrniak and Jasmine Hernandez, Esq. |
| 1:2021cv08716 |
| October 22, 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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| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #7 Notice of Appeal filed by Kyle G. DeRouseau, K.M.D. were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #7 Notice of Appeal. (tp) |
| Filing 7 NOTICE OF APPEAL from #5 Judgment - Sua Sponte (Complaint), #4 Order of Dismissal. Document filed by Kyle G. DeRouseau, K.M.D. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Motion for IFP). (tp) |
| Appeal Fee Due: for #7 Notice of Appeal. Appeal fee due by 12/17/2021. (tp) |
| Appeal Remark as to #7 Notice of Appeal filed by Kyle G. DeRouseau, K.M.D. IFP Denied 11/29/2021. (tp) |
| Filing 6 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Kyle G. DeRouseau. (ok) |
Filing 5
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to comply with the Court's order. 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. (Signed by Judge Laura Taylor Swain on 11/29/2021) (Attachments: #1 Pro Se Appeal Package) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 4
ORDER OF DISMISSAL: By order dated October 26, 2021, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis ("IFP application") or pay the $402.00 in fees required to file a civil action in this Court. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an IFP application or paid the fee. Accordingly, the complaint is dismissed without prejudice. See 28 U.S.C. 1914, 1915. 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). (Signed by Judge Laura Taylor Swain on 11/29/2021) (sac) Transmission to Docket Assistant Clerk for processing.
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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 11/26/2021. In Forma Pauperis (IFP) Application due by 11/26/2021. (Signed by Judge Laura Taylor Swain on 10/26/2021) (Attachments: #1 IFP Application) (keb)
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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) |
| Filing 2 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Kyle G. DeRouseau consents to receive electronic service via the ECF system. Document filed by Kyle G. DeRouseau..(rdz) |
| Case Designated ECF. (rdz) |
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