Yifru v. Tietz et al
| Abiy Yifru |
| Daniel W. Tietz, Eric L. Adams, Adolfo Carrion, Jr. and Gary Jenkins |
| 1:2022cv01385 |
| February 18, 2022 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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Filing 16
ORDER TO AMEND: Plaintiff's requests for injunctive relief and for appointment of an attorney to represent him are denied. (ECF 4-5.) Plaintiff is granted leave to file an amended complaint setting forth claims concerning the recent reduction of his welfare benefits that complies with the standards set forth above. If Plaintiff wishes to file an amended complaint, it must be submitted 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 22-CV-1385 (LTS). An Amended Complaint form is attached to this order. No summons will issue at this time. If Plaintiff does not file an amended complaint within the time allowed, the Court will enter judgment dismissing the federal claims for failure to state a claim upon which relief may be granted and declining to exercise supplemental jurisdiction of the state law claims. A flyer about the New York Legal Assistance Group (NYLAG) is attached to this order. 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. 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). SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/29/22) (rdz)
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| Filing 15 LETTER addressed to Judge Laura Taylor Swain from A. Yifru, dated 3/16/22 re: I am writing this letter in accordance with your Individual Practices Rules to seek a default judgment. However, on 3/16/22, the Clerk's Office entered in the Docket saying,"the pleading was improperly served and summonses have not been issued." The Pro Se Intake Unit informed me that they are waiting order from you for the Summonses etc. Please provide me decisions about the issues related to the Summonses and the above-referenced applications, importantly about the application for temporary restraining order as soon as possible. Document filed by Abiy Yifru.(sc) |
| ***NOTICE REGARDING REJECTION OF PROPOSED CLERK'S CERTIFICATE OF DEFAULT. re:document #10 Proposed Clerk's Certificate of Default #12 Proposed Clerk's Certificate of Default #11 Proposed Clerk's Certificate of Default #13 Proposed Clerk's Certificate of Default was rejected by the Clerk's Office for the following reason(s): the pleading was improperly served and summonses have not been issued. (km) |
| Filing 14 AFFIRMATION of Abiy Yifru IN SUPPORT OF CERTIFICATE OF DEFAULT. Document filed by Abiy Yifru. (sc) |
| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Abiy Yifru. (sc) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/16/2022 (km). |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Abiy Yifru. (sc) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/16/2022 (km). |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Abiy Yifru. (sc) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/16/2022 (km). |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Abiy Yifru. (sc) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/16/2022 (km). |
| ***NOTICE REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: RE-FILE Document No. #8 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default does not list the name(s) of the party(ies) who was/were served; the proposed clerk's certificate of default does not list the date the party(ies) was/were served; the proposed clerk's certificate of default does not list the filed date of the proof of service. You need to submit a separate clerk's certificate for each party that is in default and each certificate needs to be completely filled out. Please submit the proofs of service for each defaulting defendant. An affirmation in support of the clerk's certificates needs to be submitted as well. (km) |
| Filing 9 REQUEST FOR CLERK'S CERTIFICATE OF DEFAULT. Document filed by Abiy Yifru. (sc) |
| Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Abiy Yifru. (sc) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/15/2022 (km). |
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Filing 7
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 3/10/2022) (vn) Transmission to Docket Assistant Clerk for processing.
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| Filing 6 PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF APPLICATION FOR PRELIMINARY INJUNCTION & TEMPORARY RESTRAINING ORDER, re: #5 Proposed Order to Show Cause Without Emergency Relief. Document filed by Abiy Yifru. (sc) |
| Filing 5 PROPOSED ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION & TEMPORARY RESTRAINING ORDER (WITHOUT EMERGENCY RELIEF). Document filed by Abiy Yifru. (sc) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 4 PROPOSED ORDER GRANTING PLAINTIFF'S APPLICATION FOR PRELIMINARY INJUNCTION. Document filed by Abiy Yifru. (sc) Proposed Order to be reviewed by Clerk's Office staff. |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (aea) |
| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Abiy Yifru consents to receive electronic service via the ECF system. Document filed by Abiy Yifru..(rdz) |
| Filing 2 COMPLAINT against Eric L. Adams, Adolfo Carrion, Jr, Gary Jenkins, Daniel W. Tietz. Document filed by Abiy Yifru..(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Abiy Yifru..(rdz) |
| Case Designated ECF. (rdz) |
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