Azzara v. United States of America
| Paul Azzara |
| United States of America |
| 7:2019cv08751 |
| September 13, 2019 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Forfeit/Penalty: Other |
| 18 U.S.C. ยง 3114 |
| None |
Docket Report
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This docket was last retrieved on October 31, 2019. A more recent docket listing may be available from PACER.
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Filing 7
INFORMATION PACKAGE MAILED to Paul Azzara, at 6 Balmoral Drive Chestnut Ridge, NY 10977, on 10/31/2019 Re: #6 Order to Answer via REGULAR MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (bwa)
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| Mailed a copy of #1 MOTION FOR RETURN OF PROPERTY, #6 Order to Answer, to U.S. Attorney's Office for the Southern District of New York at 86 Chambers Street, New York, NY 10007. (bwa) |
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Filing 6
ORDER TO ANSWER, Fed. R. Crim. P. 41(g): Plaintiff has filed a Motion for return of property under Fed. R. Crim. P. 41(g). No summons shall issue. The Clerk of Court is directed to serve a copy of this Order and the underlying Motion by first-class mail upon the U.S. Attorney's Office for the Southern District of New York and to note service on the docket. The Clerk of Court is also directed to serve a copy of this Order on Plaintiff in the same manner and to note service on the docket. Within 30 days of the date of this Order, the U.S. Attorney's Office shall respond to the motion. Plaintiff may file reply papers, if any, within 30 days from the date Plaintiff is served with Defendant's response. If Plaintiff does not file a reply or request an extension of time in which to do so, the Court will consider the matter fully briefed. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/29/2019) (jca) Transmission to Pro Se Assistants for processing.
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Filing 5
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/29/2019) (jca)
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| Filing 4 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Paul Azzara.(sbr) |
| Mailed a copy of #3 Order Directing Payment of Fee or IFP Application, to Paul Azzara 6 Balmoral Drive Chestnut Ridge, NY 10977. (vba) |
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Filing 3
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff brings this pro se Action in which he seeks relief under Fed. R. Crim. P. 41(g). To proceed with a civil action in this Court, a plaintiff must either pay $400.00 in fees-a $350.00 filing fee plus a $50.00 administrative fee--or, to request authorization to proceed without prepayment of fees, submit a signed in forma pauperis ("IFP") application. See 28 U.S.C. 1914, 1915. Plaintiff submitted his Complaint (his Motion seeking relief under Fed. Crim. P. 41 (g)) without the relevant fees or an IFP application. Within thirty days of the date of this Order, Plaintiff must either pay the $400.00 in fees or submit the attached IFP application. If Plaintiff submits the IFP application, it should be labeled with docket number 7:19-CV-8751 (KMK). If the Court grants the IFP application, Plaintiff will be permitted to proceed without prepayment of fees. See 28 U.S.C. 1915(a)(1). The Clerk of Court is directed to mail a copy of this Order to Plaintiff and note service on the docket. No answer shall be required at this time. If Plaintiff complies with this Order, the case shall be processed in accordance with the procedures of the Clerk's Office. If Plaintiff fails to comply with this Order within the time allowed, the Action will be dismissed. 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) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). Filing Fee due by 10/24/2019. In Forma Pauperis (IFP) Application due by 10/24/2019. (Signed by Judge Kenneth M. Karas on 9/24/2019) (rj) Transmission to Docket Assistant Clerk for processing. Modified on 9/25/2019 (rj). (Additional attachment(s) added on 9/25/2019: #1 IFP Attachment) (rj). Modified on 11/4/2019 (rj).
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| Filing 1 MOTION FOR RETURN OF PROPERTY pursuant to Rule 41(e). [ Re: Criminal Case 7:02-cr-1446-KMK-1 ]. Document filed by Paul Azzara. (sac) |
| Case Designated ECF. (sac) |
| CASE ACCEPTED AS RELATED. Create association to 7:02-cr-01446-KMK. Notice of Assignment to follow. (sac) |
| Magistrate Judge Judith C. McCarthy is so designated. 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: #http://nysd.uscourts.gov/forms.php. (sac) |
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| Plaintiff: Paul Azzara | |
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