Chan v. Ramdhaney et al
| Lap-Sun Chan |
| Susan Ramdhaney, MD, Manhattan Gastroenterology, Luis Castelo and Manhattan Specialty Care |
| 1:2022cv03708 |
| May 6, 2022 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| P.I.: Other |
| 28 U.S.C. ยง 1402 Medical Malpractice |
| None |
Docket Report
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This docket was last retrieved on August 1, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Mailed a copy of #4 Order 30 Days Amended Complaint (case opening), to Lap-Sun Chan at 4266 Saull Street, Flushing, Queens, NY 11355. (dsh) |
| MAILING RECEIPT: Document No: 4. Mailed to: Lap-Sun Chan P.O. Box 788442 Brooklyn, NY 11238. (dsh) |
Filing 4
ORDER OF DISMISSAL WITH LEAVE TO REPLEAD: The Court dismisses the complaint for failure to state a claim on which relief may be granted, but grants 30 days leave to replead a viable FDCPA claim. Plaintiff must include in his amended complaint a current and accurate mailing address at which he can receive mail from the court. The Court declines to exercise supplemental jurisdiction over any state law claims Plaintiff may be asserting. See 28 U.S.C. 1367(c)(3). Plaintiff must submit the amended complaint, if any, to this Courts 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-3708 (LTS). An Amended Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to file an amended complaint within the time allowed, the Court will enter judgment dismissing Plaintiffs federal law claims for failure to state a claim in which relief may be granted, and declining to consider, under its supplemental jurisdiction, any state law claims Plaintiff may be asserting. 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 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 his address of record and at the following address: 4266 Saull Street, Flushing, Queens, NY 11355. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/21/22) (rdz)
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| SUMMONS ISSUED as to Luis Castelo. (dsh) |
| SUMMONS ISSUED as to Manhattan Specialty Care. (dsh) |
| SUMMONS ISSUED as to Susan Ramdhaney, MD. (dsh) |
| SUMMONS ISSUED as to Manhattan Gastroenterology. (dsh) |
| Pro Se Payment of Fee Processed: $402.00 Cash processed by the Finance Department on 05/23/2022, Receipt Number 439. (stt) |
| Received returned mail re: #3 Order Denying IFP Application. Mail was addressed to Lap-Sun Chan P.O. Box 788442 Brooklyn, NY 11238 and was returned for the following reason(s): Return to sender; Attempted - Not Known; Unable to Forward. (aan) |
| MAILING RECEIPT: Document No: 3. Mailed to: Lap-Sun Chan P.O. Box 788442 Brooklyn, NY 11238. (dsh) |
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Filing 3
ORDER DENYING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is denied because Plaintiff has sufficient assets to pay the fees. See 28 U.S.C. 1915(a)(1). Plaintiff is directed to pay $402.00 in fees a $350.00 filing fee and a $52.00 administrative fee within 30 days of the date of this order. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed. Filing Fee due by 6/10/2022. (Signed by Judge Laura Taylor Swain on 5/11/2022) (vn)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (aea) |
| Filing 2 COMPLAINT against Luis Castelo, Manhattan Gastroenterology, Manhattan Specialty Care, Susan Ramdhaney, MD. Document filed by Lap-Sun Chan..(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Lap-Sun Chan..(rdz) |
| Case Designated ECF. (rdz) |
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