Studley v. Jacobowitz et al
| David Studley |
| Pearl H. Jacobowitz and Irwin Jacobowitz |
| 1:2019cv00276 |
| May 13, 2019 |
| US District Court for the District of Rhode Island |
| John J McConnell |
| Patricia A Sullivan |
| Real Property: Other |
| 28 U.S.C. ยง 1441 |
| None |
Docket Report
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This docket was last retrieved on June 26, 2019. A more recent docket listing may be available from PACER.
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TEXT ORDER entering #10 Voluntary Dismissal With Prejudice - So Ordered by District Judge John J. McConnell, Jr. on 6/26/2019. (Urizandi, Nisshy)
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| Filing 10 NOTICE of Voluntary Dismissal by David Studley (Hart, Steven) |
| Filing 9 Supplemental Record on Appeal transmitted to U.S. Court of Appeals for the First Circuit. #6 Notice of Appeal. (Attachments: #1 Supplemental Record on Appeal)(Urizandi, Nisshy) |
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TEXT ORDER: Defendants' Motion to Proceed in forma pauperis #7 under Fed. R. Appellate Proc. 24 is DENIED. The Court certifies that this appeal is not taken in good faith and any issues to be raised are frivolous. The Defendants improperly removed this eviction case from state district court. This Court had no jurisdiction over the case no federal question, no diversity. Any appeal from this Courts remand would be frivolous - So Ordered by District Judge John J. McConnell, Jr. on 6/12/2019. (Urizandi, Nisshy)
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| USCA Case Number 19-1579 for #6 Notice of Appeal filed by Pearl H. Jacobowitz, Irwin Jacobowitz. (Potter, Carrie) |
| Filing 8 CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a certified copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b). #6 Notice of Appeal. (Attachments: #1 Record on Appeal)(Potter, Carrie) |
| Filing 7 MOTION for Leave to Appeal in forma pauperis filed by Irwin Jacobowitz, Pearl H. Jacobowitz. (Potter, Carrie) |
| Filing 6 NOTICE OF APPEAL by Irwin Jacobowitz, Pearl H. Jacobowitz as to Order, Order on Motion for Reconsideration, NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at # http://www.ca1.uscourts.gov/cmecf Appeal Record due by 6/12/2019. (Potter, Carrie) |
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TEXT ORDER entered by District Judge John J. McConnell, Jr.: Defendants Motion for Reconsideration of Order Dated May 14, 2019 #4 is DENIED. This Court does not have subject matter jurisdiction over this dispute. There is no federal question presented and the parties are not from different states. This matter should be litigated in Rhode Island state court. The Plaintiffs Motion to Proceed Without Payment of fees #5 is therefore DENIED as moot. (Perry, Frank)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Irwin Jacobowitz, Pearl H. Jacobowitz. (Potter, Carrie) |
| Filing 4 MOTION for Reconsideration re Order filed by Irwin Jacobowitz, Pearl H. Jacobowitz. Responses due by 6/11/2019. (Potter, Carrie) |
| Filing 3 STATE COURT RECORD received electronically from the State of Rhode Island. (Attachments: #1 Record)(Potter, Carrie) |
| CASE PERMANENTLY ASSIGNED: Since District Judge John J. McConnell, Jr. has determined that this case is in fact related to CA 19-86-JJM this case is permanently assigned to District Judge John J. McConnell, Jr. for all further proceedings (Barletta, Barbara) |
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TEXT ORDER: This matter is remanded to the state court for the reasons stated by this Court in Studley v. Jacobowitz, 19-cv-86 12 . - So Ordered by District Judge John J. McConnell, Jr. on 5/14/2019. (Barletta, Barbara)
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Filing 2
ORDER entered directing the defendant to pay the civil case filing fee in the amount of $400.00 or to file a motion to Proceed in Forma Pauperis Filing Fee or Motion to Proceed In Forma Pauperis due on or before 6/3/2019. So Ordered by District Judge John J. McConnell, Jr. on 5/13/2019. (Potter, Carrie) (Main Document 2 replaced on 5/13/2019) (Potter, Carrie).
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Filing 2
ORDER entered directing the defendant to pay the civil case filing fee in the amount of $400.00 or to file a motion to Proceed in Forma Pauperis Filing Fee or Motion to Proceed In Forma Pauperis due on or before 6/3/2019. So Ordered by District Judge John J. McConnell, Jr. on 5/13/2019. (Potter, Carrie) (Main Document 2 replaced on 5/13/2019) (Potter, Carrie).
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| Filing 1 NOTICE OF REMOVAL from Third District Court, case number 3CA-2019-03068., filed by Irwin Jacobowitz, Pearl H. Jacobowitz. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Potter, Carrie) |
| Filing 1 NOTICE OF REMOVAL from Third District Court, case number 3CA-2019-03068., filed by Irwin Jacobowitz, Pearl H. Jacobowitz. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Potter, Carrie) |
| CASE CONDITIONALLY ASSIGNED to District Judge John J. McConnell, Jr. and Magistrate Judge Patricia A. Sullivan. Related Case Number 19-cv-84 and 19-cv-86 based upon the indication on the cover sheet that a related case previously was assigned to the presiding judge. The assignment is subject to the presiding judge's determination that the cases, in fact, are related. (Potter, Carrie) |
| CASE CONDITIONALLY ASSIGNED to District Judge John J. McConnell, Jr. and Magistrate Judge Patricia A. Sullivan. Related Case Number 19-cv-84 and 19-cv-86 based upon the indication on the cover sheet that a related case previously was assigned to the presiding judge. The assignment is subject to the presiding judge's determination that the cases, in fact, are related. (Potter, Carrie) |
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