Ramos v. City of New York et al
| Jorge Ramos |
| City of New York, Police Officer John Doe #1, Police Officer John Doe #2 and Police Officer John Doe #3 |
| 1:2024cv00370 |
| January 18, 2024 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 26, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint served. City of New York served on 1/26/2024, answer due 2/16/2024. Document filed by Jorge Ramos..(Padilla, Alexis) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to City of New York..(pc) |
Filing 5
ORDER DENYING IN FORMA PAUPERIS APPLICATION: Mr. Ramos has applied for leave to proceed in this court without prepayment of fees, pursuant to 28 U.S.C. 1915. A district court has wide discretion to determine whether to waive the filing fee, especially in a civil action for damages, which this one is. 1 Moore's Federal Practice -- Civil 4.40 (on line edition). In this case two reasons counsel denial. First, while Mr. Ramos is by no means wealthy, he earns $3,200 per month at a job and lists expenses of less than $2,000 per month in his affidavit of indigency and no debts. Second, Mr. Ramos is not proceeding prose. His lawsuit against the City of New York was filed by an attorney, Alexis Padilla, Esq. Counsel does not reveal his financial arrangement with Mr. Ramos, but the court is aware that, in the ordinary course, counsel take cases like this one on contingency, pursuant to a retainer agreement that gives them either a percentage of any award made to their clients or any statutory attorneys' fees as awarded by the court, whichever is greater. And in the ordinary course, counsel who take cases on contingency advance the filing fee for the matter on behalf of their client. Mr. Ramos' lawyer has not given the court a copy of his retainer agreement or explained why Mr. Ramos's case should be treated any differently than every other civil action filed on a contingent fee basis, with counsel advancing fees if his client cannot pay them. There may be circumstances that differentiate this case from the run of the mill civil action, but neither Mr. Ramos nor Mr. Padilla has made the court aware of them. For these reasons I deny the application. Filing Fee due by 2/23/2024. (Signed by Judge Colleen McMahon on 1/24/2024) (tg)
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| Civil Case Opening Fee Payment: for #1 Complaint. Filing fee $ 405.00, receipt number ANYSDC-28855562..(Padilla, Alexis) |
| NOTICE OF PARTICIPATION IN LOCAL CIVIL RULE 83.10 (FORMERLY THE SECTION 1983 PLAN) : Unless otherwise ordered, this case shall participate in the Southern District of New York's Local Civil Rule 83.10. Please reference the Court's website, https://www.nysd.uscourts.gov/programs/mediation-adr, to review Local Civil Rule 83.10, updated 4/1/2015, for important information.(rpr) |
| Case Designated ECF. (vf) |
| Magistrate Judge Sarah L. Cave 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. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) |
| Filing 4 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jorge Ramos..(Padilla, Alexis) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #1 Complaint. Document filed by Jorge Ramos..(Padilla, Alexis) |
| Filing 2 CIVIL COVER SHEET filed..(Padilla, Alexis) |
| Filing 1 COMPLAINT against City of New York, Police Officer John Doe #1, Police Officer John Doe #2, Police Officer John Doe #3. Document filed by Jorge Ramos..(Padilla, Alexis) |
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