Eng v. Captain Blue Hen Comics
| New York Eastern District Court | |
| Judge: | Eric N Vitaliano |
| Referred: | Lois Bloom |
| Case #: | 1:14-cv-03631 |
| Nature of Suit | 820 Property Rights - Copyrights |
| Cause | 17:501 Copyright Infringement |
| Case Filed: | Jun 05, 2014 |
| Terminated: | Dec 10, 2014 |
| Last checked: Monday Jan 19, 2015 10:04 PM EST |
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Defendant
Captain Blue Hen Comics
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Plaintiff
Kenneth Eng
4266 Saull Street
Flushing, NY 11355 |
GPO
Jun 30 2014
MEMORANDUM AND ORDER: In accord with the foregoing, the three complaints, filed in forma pauperis, are dismissed, pursuant to 28 U.S.C. § 1915(e)(2)(B), for failure to state a claim. Eng's second and third complaints are dismissed with prejudice. See Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000). However, his first complaint is dismissed without prejudice and with leave to replead, taking into account the analysis contained in this Order. Should plaintiff decide to file an amended complaint, it shall be captioned "Amended Complaint," and shall bear the same docket number as the original, 14- CV-3631; 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. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).. Ordered by Judge Eric N. Vitaliano on 6/19/2014. c/m to pro se Plaintiff (Fernandez, Erica) |
| Docket last updated: 11/01/2024 11:59 PM EDT |
| Friday, December 12, 2014 | ||
| 9 | 9
notice
Notice of Report on Copyright AO121
Fri 12/12 9:26 AM
Notice of Report on the Filing or Determination of an Action or appeal Regarding a Copyright. (Rocco, Christine) |
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Att: 1
Judgment
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| Wednesday, December 10, 2014 | ||
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order
Judgment
Wed 12/10 1:28 PM
JUDGMENT in favor of Captain Blue Hen Comics against Kenneth Eng. That the action is dismissed with prejudice; that pursuant to 28 USC sec. 1915(A)(3) any appeal from the Court's Order and Judgment would not be taken in good faith; and that in forma pauperis status is denied for purpose of an appeal. (Ordered by ClerkofCourt on 12/10/2014) c/m with Appeals Package sent to Pltff via regular mail. (Galeano, Sonia) |
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order
Order(Other)
Wed 12/10 10:11 AM
ORDER, For the reasons stated above, this action is dismissed with prejudice. The Court certifies pursuant to 28 USC sec. 1915(A)(3) that any appeal from this order and judgment would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. The Clerk of Court is directed to enter judgment for deft and to close this case. (Ordered by Judge Eric N. Vitaliano on 12/06/2014) c/m Fwd. for Judgment. (Galeano, Sonia) |
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| Monday, June 30, 2014 | ||
| 5 | 5
9
pgs
MEMORANDUM AND ORDER: In accord with the foregoing, the three complaints, filed in forma pauperis, are dismissed, pursuant to 28 U.S.C. § 1915(e)(2)(B), for failure to state a claim. Eng's second and third complaints are dismissed with prejudice. See Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000). However, his first complaint is dismissed without prejudice and with leave to replead, taking into account the analysis contained in this Order. Should plaintiff decide to file an amended complaint, it shall be captioned "Amended Complaint," and shall bear the same docket number as the original, 14- CV-3631; 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. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).. Ordered by Judge Eric N. Vitaliano on 6/19/2014. c/m to pro se Plaintiff (Fernandez, Erica)
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| Friday, June 27, 2014 | ||
| 6 | 6
Letter dated 6/25/2014 from Kenneth Eng, stating that the undersigned "would like to redact [his] address from all of [his] lawsuits" etc. (Latka-Mucha, Wieslawa)
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| Tuesday, June 10, 2014 | ||
| 4 | 4
Notice of Report on the Filing or Determination of an Action or appeal Regarding a Copyright. (Rocco, Christine)
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Att: 1
complaint
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| 3 | 3
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla)
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| Thursday, June 05, 2014 | ||
| 2 | 2
MOTION for Leave to Proceed in forma pauperis by Kenneth Eng. (Bowens, Priscilla)
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| 1 | 1
COMPLAINT against Captain Blue Hen Comics, filed by Kenneth Eng. (Bowens, Priscilla)
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Att: 1
Civil Cover Sheet
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