Lyons v. John/Jane Does
| Jeremiah Andrew Lyons |
| John/Jane Does |
| 1:2022cv00489 |
| January 18, 2022 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on March 11, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Mailed a copy of #5 Judgment - Sua Sponte (Complaint), to Jeremiah Andrew Lyons at 6132 Delafield Ave., Bronx, NY 10471. (Attachments: # 1 PRO SE APPEAL PACKAGE) (dsh) |
Filing 5
CIVIL JUDGMENT: By order issued February 3, 2022, the Court dismissed this action for failure to state a claim for relief but granted Plaintiff thirty days' leave to replead his claims in an amended complaint. Plaintiff has not filed an amended complaint. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the action 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 Courts 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. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/10/22) (Attachments: #1 PRO SE APPEAL PACKAGE) (rdz) Transmission to Docket Assistant Clerk for processing.
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| Filing 4 SEALED DOCUMENT placed in vault. (nmo) |
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Filing 3
ORDER OF DISMISSAL WITH LEAVE TO REPLEAD: Because Plaintiff's submissions reveal the full names and birthdates of Plaintiff's minor children, the Court directed the Clerk of Court to limit electronic access to the submissions (ECF Nos. 1, 2) to a "case-participant only" basis. Plaintiff must comply with Rule 5.2(a)(3) when submitting any documents in the future. The Court dismisses the complaint for failure to state a claim on which relief may be granted. The Court grants Plaintiff thirty days leave to replead his claims in an amended complaint that complies with the standards set forth above. An Amended Complaint form is attached to this order for Plaintiffs convenience. The Clerk of Court is instructed to hold this matter open on the docket until a civil 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 in forma pauperis 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 to Plaintiff and note service on the docket. (Signed by Judge Laura Taylor Swain on 2/3/2022) (sac) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #3 Order 30 Days Amended Complaint (case opening) to Jeremiah Andrew Lyons at 6132 Delafield Ave., Bronx, NY 10471. (kh) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(bcu) |
| Pro Se Payment of Fee Processed: $402.00 Check processed by the Finance Department on 01/19/2022, Receipt Number 465401292506. (bwi) |
| Case Designated ECF. (rdz) |
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| Plaintiff: Jeremiah Andrew Lyons | |
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| Defendant: John/Jane Does | |
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