Rivera-Herrera v. Metro Finest Deli et al
Luis F. Rivera-Herrera |
Metro Finest Deli and 21St. Street Deli Inc. |
1:2023cv10605 |
December 5, 2023 |
US District Court for the Southern District of New York |
Laura Taylor Swain |
Civil Rights: Other |
28 U.S.C. ยง 1331 Fed. Question |
None |
Docket Report
This docket was last retrieved on December 12, 2023. A more recent docket listing may be available from PACER.
Document Text |
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MAILING RECEIPT: Document No: 3-4. Mailed to: Luis F. Rivera-Herrera 70 Simonson Ave Staten Island, NY 10303. (sha) |
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). |
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) |
NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (tro) |
Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Luis F. Rivera-Herrera. (sac) |
Filing 1 COMPLAINT against 21St. Street Deli Inc., Metro Finest Deli. Document filed by Luis F. Rivera-Herrera. (sac) |
Case Designated ECF. (sac) |
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