Rivera-Herrera v. Metro Finest Deli et al
Plaintiff: Luis F. Rivera-Herrera
Defendant: Metro Finest Deli and 21St. Street Deli Inc.
Case Number: 1:2023cv10605
Filed: December 5, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Laura Taylor Swain
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 12, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 12, 2023 MAILING RECEIPT: Document No: 3-4. Mailed to: Luis F. Rivera-Herrera 70 Simonson Ave Staten Island, NY 10303. (sha)
December 8, 2023 Opinion or Order Filing 4 CIVIL JUDGMENT: For the reasons stated in the December 6, 2023, order, this action is dismissed. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from the Courts judgment would not be taken in good faith. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/6/2023) (ks) (Additional attachment(s) added on 12/12/2023: #1 Appeals Package) (ks).
December 8, 2023 Opinion or Order Filing 3 ORDER OF DISMISSAL UNDER 28 U.S.C. 1651: On February 18, 2011, Plaintiff was barred from filing any new action in forma pauperis (IFP) without first obtaining from the Court leave to file. See Herrera v. Technical Career Institutes Admin. Offices, No. 11-CV-0075 (LAP) (S.D.N.Y. Feb. 18, 2011), appeal dismissed, No. 11-1118 (2d Cir. Aug. 11, 2011). Plaintiff files this new pro se case, seeks IFP status, and has not sought leave from the Court. This action is therefore dismissed without prejudice for Plaintiff's failure to comply with the February 18, 2011 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). The Clerk of Court is directed to enter judgment in this matter. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/6/2023) (ks)
December 6, 2023 NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (tro)
December 5, 2023 Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Luis F. Rivera-Herrera. (sac)
December 5, 2023 Filing 1 COMPLAINT against 21St. Street Deli Inc., Metro Finest Deli. Document filed by Luis F. Rivera-Herrera. (sac)
December 5, 2023 Case Designated ECF. (sac)

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Plaintiff: Luis F. Rivera-Herrera
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Defendant: Metro Finest Deli
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Defendant: 21St. Street Deli Inc.
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