Mercer v. New York City Housing Authority
| Robert Mercer |
| New York City Housing Authority |
| 1:2021cv10503 |
| December 8, 2021 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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| Document Text |
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| Mailed a copy of #5 Order of Dismissal, to Robert Mercer at 255 West 127th Street, Apt. 13D, New York, NY 10027. (dsh) |
Filing 5
ORDER OF DISMISSAL: The Court dismisses the complaint for failure to state a claim on which relief may be granted. See 28 U.S.C. 1915(e)(2)(B)(ii). The Court declines to exercise supplemental jurisdiction over any state-law claims that Plaintiff may be asserting. See 28 U.S.C. 1367(c)(3). The Court grants Plaintiff 30 days' leave to replead a viable access-to-court claim. If Plaintiff chooses to replead his claims, he must submit an amended complaint to this Court's Pro Se Intake Unit within thirty days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 21-CV-10503 (GHW). An Amended Complaint form is attached to this order. Because Plaintiff's amended complaint will completely replace, not supplement, the original complaint, any facts or claims that Plaintiff wishes to maintain must be included in the amended complaint. See Fenner v. News Corp., No. 09 Civ. 9832 (BSJ)(RLE), 2011 WL 13359351, at *2 (S.D.N.Y. Apr. 26, 2011) (observing that "an amended complaint ordinarily supercedes the original, and renders it of no legal effect." (internal citation omitted)). No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and if Plaintiff cannot show good cause to excuse such failure, the Court will enter civil judgment consistent with thisorder. The Clerk of Court is instructed to leave this matter open on the docket until judgment is entered. 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). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service onthe docket.SO ORDERED. (Signed by Judge Gregory H. Woods on 1/8/2022) (rro) Transmission to Docket Assistant Clerk for processing.
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| Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (bcu) |
| NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Laura Taylor Swain is no longer assigned to the case..(bcu) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (aea) |
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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 12/13/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Robert Mercer..(rdz) |
| Case Designated ECF. (rdz) |
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| Plaintiff: Robert Mercer | |
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| Defendant: New York City Housing Authority | |
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