Callender v. New York State Department of Motor Vehicles
| Kojo Shata Callender |
| New York State Department of Motor Vehicles |
| 1:2023cv09314 |
| October 20, 2023 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Civil Rights: Jobs |
| None |
Docket Report
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Filing 9
INFORMATION PACKAGE MAILED to Kojo Shata Callender 75 West End Ave. New York, NY 10023, at, on 12/6/23 Re: #7 Order of Service, #6 Mediation Referral Order for Pro Se Employment Discrimination Cases. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, a copy of the Mediation Referral Order for Pro Se Employment Discrimination Cases, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (nb)
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| Filing 8 SUMMONS ISSUED as to New York State Department of Motor Vehicles. (nb) |
| FRCP 4 SERVICE PACKAGE DELIVERED TO U.S.M.: on 12/6/23 Re: Judge Katherine Polk Failla #7 Order of Service. The following document(s) were enclosed in the Service Package: Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)New York State Department of Motor Vehicles. (nb) |
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Filing 7
ORDER OF SERVICE: The Clerk of Court is instructed to issue a summons for Defendant, complete a USM-285 form with the address for this Defendant, and deliver to the U.S. Marshals Service all documents necessary to effect service. Plaintiff's application for the Court to request pro bono counsel is DENIED without prejudice to renew. The Clerk of Court is directed to terminate the pending motion at docket number 3, and to mail an information package to Plaintiff at his address of record. 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). SO ORDERED. ( USM-285 Form due by 1/2/2024., Request for Issuance of Summons due by 1/2/2024.), Motions terminated: #3 APPLICATION for the Court to Request Counsel. filed by Kojo Shata Callender. (Signed by Judge Katherine Polk Failla on 11/30/2023) (ama)
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Filing 6
MEDIATION REFERRAL ORDER FOR PRO SE EMPLOYMENT DISCRIMINATION CASES:IT IS ORDERED that this pro se case is referred for mediation to the Court's Mediation Program. Local Civil Rule 83.9 and the Mediation Program Procedures shall govern the mediation. Unless otherwise ordered, the mediation will have no effect upon any scheduling order issued by this Court, and all parties are obligated to continue to litigate the case. IT IS FURTHER ORDERED that the Clerk of Court shall attempt to locate pro bono counsel to represent Plaintiff at the mediation. Pro bono counsel will contact Plaintiff directly. The time to assign a mediator under Local Civil Rule 83.9 and the Court's Mediation Program Procedures will be deferred until pro bono counsel has filed a Notice of Limited Appearance of Pro Bono Counsel. Pro bono counsel will represent Plaintiff solely for purposes of the mediation, and that representation will terminate at the conclusion of the mediation process. IT IS FURTHER ORDERED that any objection by Plaintiff either to the mediation or to the Court's request for pro bono counsel to represent Plaintiff in the mediation must be filed within 14 days of this Order. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/30/2023) (ama) Transmission to Mediation Clerk for processing.
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| Magistrate Judge Barbara C. Moses is designated to handle matters that may be referred in this case. 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. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case. (vba) |
| MAILING RECEIPT: Document No: 4. Mailed to: Kojo Shata Callender 75 West End Ave. New York, NY 10023. (sha) |
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Filing 4
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 10/25/2023) (vn)
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| Filing 3 APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Kojo Shata Callender..(rdz) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Kojo Shata Callender..(rdz) |
| Filing 1 COMPLAINT against New York State Department of Motor Vehicles. Document filed by Kojo Shata Callender..(rdz) |
| Case Designated ECF. (rdz) |
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| Plaintiff: Kojo Shata Callender | |
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| Defendant: New York State Department of Motor Vehicles | |
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