Hernandez v. New York State et al
| New York Eastern District Court | |
| Judge: | Nusrat Jahan Choudhury |
| Referred: | Lee G Dunst |
| Case #: | 2:24-cv-08415 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Dec 06, 2024 |
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| Docket last updated: 11 hours ago |
| Friday, December 13, 2024 | ||
| 8 | 8
3
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Fri 12/13 3:52 PM
ORDER: For the reasons set forth in the attached Memorandum and Order, Plaintiff's Motion to Proceed in Forma Pauperis ("IFP") (ECF No.2 ) is denied without prejudice and with leave to renew on the short form IFP application. Alternatively, Hernandez may pay the $405 filing fee. Hernandez shall either file the renewed IFP application or remit the filing fee within two (2) weeks of the date of this Order or the Complaint will be dismissed without prejudice. The Court holds the order to show cause in abeyance pending resolution of this issue. 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 IFP status is denied for the purpose of any appeal. Coppedge v. United States , 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully directed to mail a copy of this Order to Hernandez with a short form IFP application at his address of record in an envelope marked "Legal Mail" and to record such mailing on the docket. Ordered by Judge Nusrat J. Choudhury on 12/13/2024. (NB) |
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| Tuesday, December 10, 2024 | ||
| 7 | 7
misc
Clerks Notice of Rule 73
Tue 12/10 3:34 PM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (DC) |
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| Friday, December 06, 2024 | ||
| 6 | 6
misc
Affidavit/Affirmation
Tue 12/10 3:31 PM
Affidavit of Service re:5 Affidavit in Support,4 Proposed Order to Show Cause, and1 Complaint by Emilio Hernandez (DC) |
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| 5 | 5
misc
Affidavit/Affirmation
Tue 12/10 3:27 PM
Affidavit in Support re:4 Proposed Order to Show Cause by Emilio Hernandez (DC) |
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| 4 | 4
misc
Unsigned Order to Show Cause
Tue 12/10 3:23 PM
Proposed Order to Show Cause by Emilio Hernandez (DC) |
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| 3 | 3
misc
Prisoner Authorization
Tue 12/10 3:16 PM
Prisoner Authorization (DC) |
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| 2 | 2
motion
Proceed In Forma Pauperis
Tue 12/10 3:14 PM
MOTION for Leave to Proceed in forma pauperis by Emilio Hernandez. (DC) |
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| 1 | 1
cmp
Complaint
Tue 12/10 3:13 PM
COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Emilio Hernandez. (DC) |
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Att: 1
Civil Cover Sheet
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