Duncan v. Marks Taxidermy
| Judi Duncan |
| Marks Taxidermy and Morgan Stanley Bank |
| 1:2024cv07894 |
| October 10, 2024 |
| U.S. 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
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This docket was last retrieved on November 22, 2024. A more recent docket listing may be available from PACER.
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| MAILING RECEIPT: Document No: 5. Mailed to: Judi Duncan 49 Lincoln St New Rochelle, NY 10801. |
Filing 5
ORDER OF DISMISSAL WITH LEAVE TO REPLEAD: The Court dismisses the complaint, filed IFP under 28 U.S.C. 1915(a)(1), for lack of subject matter jurisdiction, see Fed. R. Civ. P. 12(h)(3), with 30 days' leave to replead. 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 Court directs the Clerk of Court to hold this matter open on the docket until a civil judgment is entered. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/20/2024) (ks)
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| MAILING RECEIPT: Document No: 4. Mailed to: Judi Duncan 49 Lincoln St New Rochelle, NY 10801. (tn) |
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Filing 4
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 10/23/2024) (vn) Modified on 10/24/2024 (vn).
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(nb) |
| MAILING RECEIPT: Document No: 3. Mailed to: Judi Duncan 49 Lincoln St New Rochelle, NY 10801. (anc) |
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Filing 3
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may #consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for #permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Chief Judge Laura Taylor Swain on 3/18/2024) (kgo)
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| CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see #Rule 9.2 of the courts ECF Rules & Instructions for further information..(kgo) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Judi Duncan..(kgo) |
| Filing 1 COMPLAINT against Marks Taxidermy. Document filed by Judi Duncan..(kgo) |
| Case Designated ECF. (kgo) |
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