Horta Suarez v. Internal Revenue Service et al
| Joel A. Horta Suarez |
| Internal Revenue Service and United States Government |
| 1:2021cv10879 |
| December 17, 2021 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Mandamus & Other |
| 28 U.S.C. ยง 1361 |
| None |
Docket Report
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Filing 15
ORDER TO AMEND: Petitioner is granted leave to file an amended complaint that complies with the standards set forth above. Petitioner must submit the amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 21-CV-10879 (LTS). An Amended Complaint form is attached to this order. No summons will issue at this time. If Petitioner 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 denies Petitioner's motions (ECF 3, 4, 8, 9, 10, 12) without prejudice to renewal at a later time. 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 Petitioner and note service on the docket. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/31/22) (rdz) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #15 Order 60 Days Amended Complaint (case opening) to Joel A. Horta Suarez at P.O. Box 145055, Miami, FL 33114. (kh) |
| Filing 14 NOTICE OF A LAWSUIT & REQUEST TO WAIVE SERVICE OF A SUMMONS. Document filed by Joel A. Horta Suarez. (sc) |
| Filing 13 NOTICE TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK OF RELATED CASES TO ACTION FOR BREACH OF PRESENTMENT GUARANTEES, WRONGFUL DISHONOR OF INSTRUMENTS, LIABILITY FOR WRONGFUL REJECTION OF PAYMENT ORDERS, & DENIAL OF SERVICES; UNDER U.C.C., C.F.R., & 15 US CODE. Document filed by Joel A. Horta Suarez. (sc) |
| Filing 12 MOTION FOR JUDGMENT ON THE PLEADINGS UNDER FEDERAL RULES OF CIVIL PROCEDURE RULE 12(c). Document filed by Joel A. Horta Suarez.(sc) |
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Filing 11
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 1/3/2022) (vn) Transmission to Docket Assistant Clerk for processing.
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| Filing 10 MOTION TO UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TO FILE SEALED SUPPLEMENTAL DOCUMENTS IN RELATION TO PETITIONER'S BUSINESS & FINANCIAL AFFAIRS; IN CASE JOEL A. HORTA SUAREZ VS. IRS & U.S. GOVERNMENT IN ACTION FOR PAYMENT OF BANKING/FINANCIAL ITEM IN THE FORM OF DEMAND DEPOSIT FOR WITHHELD TAXES (12 CFR 229.2(a)(1)(i); 12 CFR 204.2(a)(1); & 12 CFR 204.2(b)(1)(vi)). Document filed by Joel A. Horta Suarez. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(sc) |
| Filing 9 MOTION TO UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK FOR CLARIFICATION & GIVE NOTICE OF SPECIAL CIRCUMSTANCES; IN PETITION FOR PAYMENT OF BANK DEPOSIT INSTRUMENT. Document filed by Joel A. Horta Suarez.(sc) |
| Filing 8 CERTIFICATION OF EMERGENCY. Document filed by Joel A. Horta Suarez. (sc) |
| Filing 7 APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS. Document filed by Joel A. Horta Suarez.(sc) |
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Filing 6
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 1/26/2022. In Forma Pauperis (IFP) Application due by 1/26/2022. (Signed by Judge Laura Taylor Swain on 12/27/2021) (Attachments: #1 Supplement Amended IFP application) (scn) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #6 Order Directing Payment of Fee or IFP Application to Joel A. Horta Suarez at P.O. Box 145055, Miami, FL 33114. (kh) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(aea) |
| Filing 5 NOTICE OF APPEARANCE by Joel A. Horta Suarez..(rdz) |
| Filing 4 MOTION for Permission for Joel Alberto Horta Suarez to participate in electronic case filing in this case. Document filed by Joel A. Horta Suarez..(rdz) |
| Filing 3 MOTION for Transfer to Cure want of Jurisdiction in Petition for Payment of Bank Deposit. Document filed by Joel A. Horta Suarez..(rdz) |
| Filing 2 PETITION FOR WRIT OF MANDAMUS against Internal Revenue Service, United States Government.Document filed by Joel A. Horta Suarez..(rdz) (Additional attachment(s) added on 12/20/2021: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (rdz). |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Joel A. Horta Suarez..(rdz) |
| Case Designated ECF. (rdz) |
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