Virgo v. Irizarry et al
| Virgillio Virgo |
| Jose Irizarry, John Wright and Sgt. Hector Lopez |
| 1:2023cv08242 |
| September 15, 2023 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| MAILING RECEIPT: Document No: 2. Mailed to: Virgillio Virgo St. Lukes Sacred Heart Campus E.A.C. 421 Chew Street Allentown, PA 18102. (sha) |
Filing 2
ORDER OF DISMISSAL WITH LEAVE TO REPLEAD: The Court dismisses the complaint for failure to state a claim on which relief may be granted, and for lack of subject matter jurisdiction. Should he wish to do so, Plaintiff is granted leave to replead his claims in 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 30 days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 23-CV-8242 (JGK). 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 Court will direct the Clerk of Court to enter judgment in this case. 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. 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). (Signed by Judge John G. Koeltl on 9/22/2023) (ate)
|
| Filing 1 COMPLAINT against Jose Irizarry, Hector Lopez, John Wright. Document filed by Virgillio Virgo. (Filing Fee $ 402.00, Receipt Number 21194) (sac) Modified on 9/19/2023 (sac). |
| Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sac) |
| Case Designated ECF. (sac) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
