Perez v. Carrion et al
| Eric Andrew Perez |
| Adolfo Carrion, Jr., Kim Truluck and Racquel Urena |
| 1:2022cv07511 |
| August 31, 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 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 LETTER from E. Perez, re: Plaintiff has received communication from NYCHPD Section 8, and they have stated that my Section 8 has been fully instated. This has been a continuous criminal conspiracy against Perez, and Perez reserves the right to refile etc. Document filed by Eric Andrew Perez.(sc) |
Filing 11
ORDER OF DISMISSAL: The Court dismisses this action. The Court dismisses Plaintiff's claims under federal law for lack of subject matter jurisdiction, see Fed. R. Civ. P. 12(h)(3), and for failure to state a claim on which relief may granted, see 28 U.S.C. 1915(e)(2)(B)(ii), but grants Plaintiff 30 days' leave to replead his claims under Section 1983 in an amended complaint. The Court therefore grants Plaintiff's motion to amend his complaint. (ECF 9). The Court denies Plaintiff's Motion for CM/ECF User Name and Password (ECF 8) without prejudice to Plaintiff's filing a motion for permission for electronic case filing with the court after he has completed all of the relevant requirements. The Court denies Plaintiff's request that the defendants be served (ECF 7), his application for the Court to request pro bono counsel (ECF 5), and his TRO application (ECF 10) without prejudice to Plaintiff's seeking such relief again after he has filed an amended complaint. If Plaintiff fails to file an amended complaint within the time allowed, and cannot show good cause to excuse such failure, the Court will enter judgment dismissing this action. The judgment will dismiss Plaintiff's claims under federal law for the reasons discussed in this order, see 1915(e)(2)(B)(ii); Fed. R. Civ. P. 12(h)(3), and will decline to consider, under the Court's supplemental jurisdiction, Plaintiff's claims under state law, see 28 U.S.C. 1367(c)(3). 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). (Signed by Judge Laura Taylor Swain on 10/4/2022) (nb) Modified on 10/5/2022 (nb).
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| NOTICE OF CASE REASSIGNMENT to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
| Filing 10 MOTION for Temporary Restraining Order. Document filed by Eric Andrew Perez. (ok) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Filing 9 MOTION FOR AMENDING COMPLAINT & ADDING EXHIBITS, Re: to Amend/Correct #2 Complaint. Document filed by Eric Andrew Perez.(sc) |
| Filing 8 MOTION FOR CM/ECF USER NAME & PASSWORD. Document filed by Eric Andrew Perez.(sc) |
| Filing 7 LETTER from Eric Perez, dated 9/11/22 re: "SERVICE DOCUMENTS REQUESTED" - Plaintiff Perez is requesting the signed documents necessary to effect service to defendants as per the following order 9/2/22, Docket #6(as indicated). Document filed by Eric Andrew Perez.(sc) |
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Filing 6
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 9/2/2022) (vn)
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| Filing 5 APPLICATION for the Court to Request Counsel. Document filed by Eric Andrew Perez..(rdz) |
| Filing 4 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Eric A. Perez consents to receive electronic service via the ECF system. Document filed by Eric Andrew Perez..(rdz) |
| Filing 3 CIVIL COVER SHEET..(rdz) |
| Filing 2 COMPLAINT against Adolfo Carrion, Jr, Kim Truluck, Racquel Urena. Document filed by Eric Andrew Perez..(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Eric Andrew Perez..(rdz) |
| Case Designated ECF. (rdz) |
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