DiBenedetto v. Coley et al
| Vincent DiBenedetto |
| Maurice Coley and New York State Police |
| 1:2022cv05926 |
| July 12, 2022 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 4
ORDER: Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff 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 22-CV-5926 (LTS). An Amended Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the complaint will be dismissed as untimely. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/2/22) (rdz)
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Pro Se Payment of Fee Processed: $402.00 Check processed by the Finance Department on 08/16/2022, Receipt Number 4528. (ps)
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (laq)
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Filing 3
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff brings this action pro se. To proceed with a civil action in this Court, a plaintiff must either pay $402.00 in fees a $350.00 filing fee plus a $52.00 administrative fee or, to request authorization to proceed without prepayment of fees, submit a signed IFP application. See 28 U.S.C. 1914, 1915. Plaintiff submitted the complaint without the filing fees or an IFP application. Within thirty days of the date of this order, Plaintiff must either pay the $402.00 in fees or submit the attached IFP application. If Plaintiff submits the IFP application, it should be labeled with docket number 22-CV-5926 (LTS). If the Court grants the IFP application, Plaintiff will be permitted to proceed without prepayment of fees. See 28 U.S.C. 1915(a)(1). No summons shall issue at this time. If Plaintiff complies with this order, the case shall be processed in accordance with the procedures of the Clerks Office. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed. 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, 44445 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). Filing Fee due by 8/15/2022. In Forma Pauperis (IFP) Application due by 8/15/2022. (Signed by Judge Laura Taylor Swain on 7/15/2022) (vn)
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Filing 2
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Vincent DiBenedetto consents to receive electronic service via the ECF system. Document filed by Vincent DiBenedetto..(rdz) Modified on 7/14/2022 (rdz).
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Filing 1
COMPLAINT against Maurice Coley, New York State Police. Document filed by Vincent DiBenedetto..(rdz)
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Case Designated ECF. (rdz)
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