Johnson v. Fitzpatrick
| New York Southern District Court | |
| Case #: | 1:24-cv-09581 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Dec 12, 2024 |
| Terminated: | Dec 18, 2024 |
| Last checked: Tuesday Dec 17, 2024 12:25 AM EST |
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Defendant
William J. Fitzpatrick
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Plaintiff
Robert W. Johnson
65 Sidney St.
Buffalo, NY 14211 |
| Docket last updated: 12/20/2024 11:59 PM EST |
| Thursday, December 19, 2024 | ||
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misc
Mailing Receipt
Thu 12/19 8:58 AM
MAILING RECEIPT: Document No: 4. Mailed to: Robert W. Johnson 65 Sidney St. Buffalo, NY 14211. (ak) |
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misc
Mailing Receipt
Thu 12/19 9:24 AM
MAILING RECEIPT: Document No: 5. Mailed to: Robert W. Johnson 65 Sidney St. Buffalo, NY 14211. (ak) |
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| Wednesday, December 18, 2024 | ||
| 5 | 5
order
Judgment
Wed 12/18 1:24 PM
CIVIL JUDGMENT: For the reasons stated in the December 16, 2024, order, this action is dismissed. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith and, therefore, IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Laura Taylor Swain on 12/18/2024) (km) |
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Att: 1
Appeal Package
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| Tuesday, December 17, 2024 | ||
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misc
Mailing Receipt
Tue 12/17 3:58 PM
MAILING RECEIPT: Document No: 3. Mailed to: Robert W. Johnson 65 Sidney St. Buffalo, NY 14211. (ak) |
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| Monday, December 16, 2024 | ||
| 4 | 4
1
pgs
order
Order of Dismissal
Wed 12/18 11:06 AM
ORDER OF DISMISSAL UNDER 28 U.S.C. § 1651 In a July 10, 2020 order in Johnson v. O'Hagan Wolfe, 1:19-CV-7337 (GHW) (S.D.N.Y.), the court barred Plaintiff from filing any new civil action in this court in forma pauperis ("IFP") without first obtaining from the court leave to file. (ECF 1:19-CV-7337, 8.) Plaintiff files this new pro se civil action in this court, seeks IFP status, and has not sought leave from the court to file. The Court therefore dismisses this action without prejudice for Plaintiffs failure to comply with the court's July 10, 2020 order in Johnson, 1:19-CV-7337 (GHW) (S.D.N.Y.). 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 an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Court directs the Clerk of Court to enter a judgment in this action. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/16/2024) (jca) |
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| 3 | 3
order
Standing Order re Cases Filed By Pro Se Plaintiffs
Mon 12/16 1:20 PM
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may[LINK:consent to electronic service] to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for[LINK:permission to file documents electronically] . Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 03/18/2024) (sac) |
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service
Note Regarding Service on Self-Represented Party
Mon 12/16 1:19 PM
CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see[LINK:Rule 9.2] of the courts ECF Rules & Instructions for further information. (sac) |
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| Thursday, December 12, 2024 | ||
| 2 | 2
misc
Request to Proceed In Forma Pauperis
Mon 12/16 1:16 PM
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Robert W. Johnson. (sac) |
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| 1 | 1
cmp
Complaint
Mon 12/16 1:15 PM
COMPLAINT against William J. Fitzpatrick. Document filed by Robert W. Johnson. (sac) |
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Att: 1
Exhibit Main Document
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utility
Case Designated ECF
Mon 12/16 1:16 PM
Case Designated ECF. (sac) |
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