Smith v. David
| Jimmy Smith |
| Giulianna David |
| 1:2023cv00327 |
| August 9, 2023 |
| US District Court for the District of Rhode Island |
| Lincoln D Almond |
| Mary S McElroy |
| P.I.: Other |
| 18 U.S.C. ยง 241 Conspiracy Against Citizen Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 22, 2023. A more recent docket listing may be available from PACER.
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Filing 9
JUDGMENT entered in accordance with Text Order of 9/22/2023. So Ordered by District Judge Mary S. McElroy on 9/22/2023. (Potter, Carrie)
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TEXT ORDER: The Court has reviewed the Complaint (ECF No. #1 ) pursuant to 28 U.S.C. 1915(e)(2)(B)(ii), in connection with the plaintiffs Motion to Proceed In Forma Pauperis (ECF No. #7 ). Having done so and having given the benefit of every doubt to this pro se litigant, the Court DENIES the Motion for IFP status and DISMISSES the Complaint. Mr. Smith has failed to state a federal constitutional claim upon which relief can be granted. The Complaint also fails to meet the criteria for diversity jurisdiction as his allegation of damages is unsupported and simply asserts damages of 75,001 at the very least.. So Ordered by District Judge Mary S. McElroy on 9/22/2023. (Potter, Carrie)
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TEXT ORDER finding as moot #5 MOTION to extend all current deadlines . So Ordered by District Judge Mary S. McElroy on 9/22/2023. (Potter, Carrie)
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| Filing 8 NOTICE of Preservation of Rights by Jimmy Smith. (Attachments: #1 Email)(DaCruz, Kayla) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis filed by Jimmy Smith. (Attachments: #1 Affidavit, #2 Email)(DaCruz, Kayla) |
| Filing 6 Pro Se Consent to Receive Documents Electronically filed by Jimmy Smith. (Attachments: #1 Email)(DaCruz, Kayla) |
| Filing 5 MOTION to extend all current deadlines filed by Jimmy Smith. Responses due by 9/27/2023. (Attachments: #1 Envelope)(Kenny, Meghan) |
| DOCKET NOTE: Clerks office instructed Plaintiff that electronic notifications are sent to pro se litigants only if requested in writing and filed on the docket by the Plaintiff. Requests to receive email notification is applicable only in the the case the request is made in pursuant to LR Gen 302(b). Clerks office emailed Mr. Smith the form to request electronic notifications in this case Regarding: #5 MOTION to extend all current deadlines . (Kenny, Meghan) |
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TEXT ORDER: Plaintiffs Motion to Set Aside Case Conditionally Assigned (ECF No. #4 ) is DENIED. This case appears to present allegations that arise from substantially related events as are presented in 1:23-cv-00315-MSM-LDA Smith v. Minicucci. So Ordered by District Judge Mary S. McElroy on 8/25/2023. (Potter, Carrie)
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| Filing 4 MOTION to Set Aside Case Conditionally Assigned, filed by Jimmy Smith. Responses due by 9/5/2023. (Attachments: #1 Envelope)(Kenny, Meghan) |
| 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 8/30/2023. So Ordered by District Judge Mary S. McElroy on 8/9/2023. (DaCruz, Kayla)
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| Filing 1 COMPLAINT, filed by Jimmy Smith. (Attachments: #1 Civil Cover Sheet)(DaCruz, Kayla) |
| CASE CONDITIONALLY ASSIGNED to District Judge Mary S. McElroy and Magistrate Judge Lincoln D. Almond. Related Case Number 23cv315 based upon the indication 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. (DaCruz, Kayla) |
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| Plaintiff: Jimmy Smith | |
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| Defendant: Giulianna David | |
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