Silvia v. Osrio
| David A. Silvia |
| Jonathan Osrio |
| 1:2023cv00045 |
| January 31, 2023 |
| US District Court for the District of Rhode Island |
| Lincoln D Almond |
| Mary S McElroy |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
Docket Report
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| Document Text |
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| USCA Case Number 23-1316 for #12 Notice of Appeal, filed by David A. Silvia. (Kenny, Meghan) |
| Filing 14 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). #12 Notice of Appeal. (Attachments: #1 Record on Appeal)(DaCruz, Kayla) |
| Filing 13 MOTION for Leave to Appeal in forma pauperis filed by David A. Silvia. (Attachments: #1 Email)(DaCruz, Kayla) |
| Filing 12 NOTICE OF APPEAL by David A. Silvia as to 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 4/6/2023. (Attachments: #1 Email)(DaCruz, Kayla) |
TEXT ORDER denying #9 Motion for Reconsideration. So Ordered by District Judge Mary S. McElroy on 3/30/2023. (Potter, Carrie)
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| Filing 11 Letter from David Silvia. Plaintiffs address updated as requested. (Kenny, Meghan) |
| Filing 10 DOCKET NOTE: Duplicate received Regarding: #9 MOTION for Reconsideration re #8 Judgment and request for STAY and to set a teleconference to further clarify issues.. (Attachments: #1 Envelope) (DaCruz, Kayla) |
| Filing 9 MOTION for Reconsideration re #8 Judgment and request for STAY and to set a teleconference to further clarify issues. filed by David A. Silvia. Responses due by 4/3/2023. (Attachments: #1 Envelope)(Kenny, Meghan) |
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Filing 8
JUDGMENT entered in accordance with the Text Order of 3/9/23. So Ordered by District Judge Mary S. McElroy on 3/9/2023. (Potter, Carrie)
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TEXT ORDER: The Plaintiff's Motion to Proceed In Forma Pauperis (ECF No.[ #4 ) is DENIED. The Court has conducted the review mandated by 28 U.S.C. 1915(e)(2)(B)(ii) and finds that Mr. Silvia is raising the same claims this court has already deemed to be barred by principles of res judicata. Silvia v. Osorio, No. 22-cv-00069, Text Order of May 6, 2022. Mr. Silvia continues to sue his former landlord and contest the proceedings that occurred in in state court. See also, Silvia v. Osorio, No. 21-cv-00210 (settled in mediation). This Complaint is DISMISSED as failing to state a plausible claim for relief. So Ordered by District Judge Mary S. McElroy on 3/9/2023. (Potter, Carrie)
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| Filing 7 Corrected MEMORANDUM IN SUPPORT by David A. Silvia in support of #1 Complaint. (Attachments: #1 Email)(DaCruz, Kayla) |
| DOCKET NOTE: Regarding: #6 Memorandum in Support. CLERKS NOTE: Docket entry was filed in error. Please disregard. (DaCruz, Kayla) |
| Filing 6 MEMORANDUM IN SUPPORT by David A. Silvia in support of #1 Complaint. (Attachments: #1 Exhibit, #2 Email)(DaCruz, Kayla) |
| Filing 5 Pro Se Consent to Receive Documents Electronically filed by David A. Silvia. (Attachments: #1 Envelope)(DaCruz, Kayla) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by David A. Silvia. (Attachments: #1 Envelope)(DaCruz, Kayla) |
| Filing 3 CASE OPENING NOTICE ISSUED (DaCruz, Kayla) |
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Filing 2
ORDER entered directing the plaintiff to pay the civil case filing fee in the amount of $402.00 or to file a motion to Proceed in Forma Pauperis Filing Fee or Motion to Proceed In Forma Pauperis due on or before 2/21/2023. So Ordered by District Judge Mary S. McElroy on 1/31/2023. (DaCruz, Kayla)
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| Filing 1 COMPLAINT, filed by David A. Silvia. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(DaCruz, Kayla) |
| CASE CONDITIONALLY ASSIGNED Related Case Number 21cv210 and 22cv69 based upon the related cases previously assigned to District Judge Mary S. McElroy and Magistrate Judge Lincoln D. Almond. The assignment is subject to the presiding judge's determination that the cases, in fact, are related. (DaCruz, Kayla) |
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| Plaintiff: David A. Silvia | |
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| Defendant: Jonathan Osrio | |
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