Duncan v. Key Bank, et al
| Judi Duncan |
| Key Bank, Avalon, M.I., Yvonne Mari Deltoro-Salters, Tim Allinson, Aidan Allinson, Social Security Admin Child Support, Super8, Econolodge, Theresa Vannasel, orange County Services, Jon Doe aka Green @OCS and Jessica Doe @OCS |
| 1:2022cv09725 |
| November 15, 2022 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| P.I.: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on April 13, 2023. A more recent docket listing may be available from PACER.
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| MAILING RECEIPT: Document No: 5-6. Mailed to: Judi Duncan 367 Windsor Highway New Windsor, NY 10553. (kh) |
Filing 6
CIVIL JUDGMENT: For the reasons stated in the April 11, 2023, order, this action is dismissed. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/11/23) (Attachments: #1 PRO SE APPEAL PACKAGE) (rdz)
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Filing 5
ORDER OF DISMISSAL: By order dated February 6, 2023, the Court directed Plaintiff to file an amended complaint within sixty days. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an amended complaint. Accordingly, the complaint, filed in forma pauperis ("IFP") under 28 U.S.C. 1915(a)(1), is dismissed for failure to state a claim upon which relief may be granted. 28 U.S.C. 1915(e)(2)(B)(ii). 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, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Court directs the Clerk of Court to enter judgment in this case. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/11/23) (rdz)
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| MAILING RECEIPT: Document No: 4. Mailed to: Judi Duncan 367 Windsor Highway New Windsor, NY 10553. (dsh) |
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Filing 4
ORDER TO AMEND: 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-9725 (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 she cannot show good cause to excuse such failure, the complaint will be dismissed for failure to state a claim upon which relief may be granted. 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 2/6/2023) (va)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac) |
| MAILING RECEIPT: Document No: 3. Mailed to: Judi Duncan 367 Windsor Highway New Windsor, NY 10553. (kh) |
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Filing 3
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 11/18/2022) (vn)
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| Filing 2 COMPLAINT against Aidan Allinson, Tim Allinson, Avalon, Yvonne Mari Deltoro-Salters, Econolodge, Jessica Doe @OCS, Jon Doe aka Green @OCS, Key Bank, M.I., Social Security Admin Child Support, Super8, Theresa Vannasel, orange County Services. Document filed by Judi Duncan..(rdz) Modified on 11/15/2022 (rdz). |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Judi Duncan..(rdz) |
| Case Designated ECF. (rdz) |
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