Mikanda v. City of Poughkeepsie Police Department et al
| Neyembo Mikanda |
| City of Poughkeepsie Police Department, Gulf Oil International and Jane Doe |
| 1:2023cv09601 |
| October 30, 2023 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on December 12, 2023. A more recent docket listing may be available from PACER.
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| MAILING RECEIPT: Document No: 5-6. Mailed to: Neyembo Mikanda 1704 Bluestem Avenue Williamstown, NJ 08094. (sha) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #7 Notice of Appeal. (tp) |
| Appeal Remark as to #7 Notice of Appeal filed by Neyembo Mikanda. IFP Denied 12/07/2023. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #7 Notice of Appeal filed by Neyembo Mikanda were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 7 NOTICE OF APPEAL from #6 Judgment - Sua Sponte (Complaint), #5 Order of Dismissal. Document filed by Neyembo Mikanda. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) Modified on 12/12/2023 (tp). |
| Appeal Fee Due: for #7 Notice of Appeal. Appeal fee due by 12/26/2023. (tp) |
Filing 6
CIVIL JUDGMENT For the reasons stated in the December 7, 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 12/7/2023) (Attachments: #1 Exhibit Pro Se Appeal Package) (jca)
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Filing 5
ORDER OF DISMISSAL By order dated November 2, 2023, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis ("IFP application") or pay the $402.00 in fees required to file a civil action in this court. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an IFP application or paid the fees. Accordingly, the complaint is dismissed without prejudice. See 28 U.S.C. 1914, 1915. 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. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/7/2023) (jca)
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| MAILING RECEIPT: Document No: 4. Mailed to: Neyembo Mikanda 1704 Bluestem Avenue Williamstown, NJ 08094. (sha) |
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Filing 4
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Court certifies, pursuant to 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 12/4/2023. In Forma Pauperis (IFP) Application due by 12/4/2023. (Signed by Judge Laura Taylor Swain on 11/1/2023) (sha) Modified on 11/2/2023 (sha).
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
| Filing 3 NOTICE OF SERVICE. Document filed by Neyembo Mikanda. (sac) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Neyembo Mikanda. (sac) |
| Filing 1 EX PARTE APPLICATION/COMPLAINT against City of Poughkeepsie Police Department, Jane Doe, Gulf Oil International. Document filed by Neyembo Mikanda. (sac) |
| Case Designated ECF. (sac) |
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