Wilburn v. Galloway et al
| Andre Wilburn |
| Valerie Galloway, Samuel Gompers Houses and New York City Housing Authority |
| 1:2023cv10513 |
| November 28, 2023 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 cv Fed. Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 24, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Appeal Remark as to #10 Notice of Appeal filed by Andre Wilburn. IFP Denied 1/8/2024. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #10 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #10 Notice of Appeal filed by Andre Wilburn were transmitted to the U.S. Court of Appeals. (tp) |
| Appeal Fee Due: for #10 Notice of Appeal. Appeal fee due by 2/7/2024. (tp) |
| Filing 10 NOTICE OF APPEAL from #7 Judgment - Sua Sponte (Complaint), #6 Order of Dismissal. Document filed by Andre Wilburn. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) Modified on 1/24/2024 (tp). |
| MAILING RECEIPT: Document No: 9. Mailed to: Andre Wilburn ID:73608-298 MDC Brooklyn P.O. Box 329002 Brooklyn, NY 11232. (mt) |
Filing 9
ORDER denying as moot #8 Motion re: #8 MOTION TO APPOINT U.S. MARSHALS TO SERVE DEFENDANTS. Because the Court has dismissed this action, the Court denies Plaintiff's motion (ECF 8) as moot. This action remains closed. 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 1/10/24) (yv)
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| MAILING RECEIPT: Document No: 6. Mailed to: Andre Wilburn ID:73608-298 MDC Brooklyn P.O. Box 329002 Brooklyn, NY 11232. (mt) |
| MAILING RECEIPT: Document No: 7. Mailed to: Andre Wilburn ID:73608-298 MDC Brooklyn P.O. Box 329002 Brooklyn, NY 11232. (mt) |
| Filing 8 MOTION TO APPOINT U.S. MARSHALS TO SERVE DEFENDANTS. Document filed by Andre Wilburn.(sc) |
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Filing 7
CIVIL JUDGMENT: For the reasons stated in the January 8, 2024, 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 1/8/2024) (Attachments: #1 Supplement Appeal Package) (vfr)
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Filing 6
ORDER OF DISMISSAL.... The Court dismisses the complaint for failure to state a claim on which relief may be granted. See 28 U.S.C. 1915(e)(2)(B)(ii). The Court declines to exercise supplemental jurisdiction of any state law claims Plaintiff may be asserting. 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). The Clerk of Court is directed to enter judgment in this action. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/8/2024) (vfr)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (va) |
| Request for Copies/Transcripts/Docket Sheet Processed: Re #5 Letter. Request for Docket Report, from Andre Wilburn received on 12/26/23. Docket sheet mailed to ID#73608, MDC Brooklynd, P.O. 329002, Brooklyn, NY 11232 . (sc) Modified on 12/28/2023 (sc). |
| Filing 5 LETTER from Andre Wilburn, dated 12/17/23 re: I am writing to request an update regarding a civil lawsuit which I mailed to this Court on or about 11/18/23. Document filed by Andre Wilburn.(sc) |
| Request for Copy of updated Docket Sheet Received: Re #5 Letter. Request for Docket Report, from Andre Wilburn received on 12/21/23. Transmission to Pro Se Assistants for processing. (sc) |
| MAILING RECEIPT: Document No: 4. Mailed to: Andre Wilburn ID:73608-298 MDC Brooklyn P.O. Box 329002 Brooklyn, NY 11232. (mt) |
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Filing 4
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Laura Taylor Swain on 12/19/2023) (vn)
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Andre Wilburn. (sac) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Andre Wilburn. (sac) |
| Filing 1 COMPLAINT against Valerie Galloway, New York City Housing Authority, Samuel Gompers Houses. Document filed by Andre Wilburn. (sac) |
| Case Designated ECF. (sac) |
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