Jones et al v. Stewart et al
New York Southern District Court | |
Judge: | Colleen Mcmahon |
Case #: | 1:16-cv-02375 |
Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
Cause | 42:1983 Prisoner Civil Rights |
Case Filed: | Mar 30, 2016 |
Re-opened: | Oct 19, 2016 |
Terminated: | May 16, 2017 |
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Docket last updated: 04/29/2024 11:59 PM EDT |
Wednesday, March 22, 2023 | ||
15 | 15
appeal
USCA Mandate
Wed 03/22 9:58 AM
MANDATE of USCA (Certified Copy) as to14 Notice of Appeal filed by Rafael Arden Jones, Sr. USCA Case Number 22-2105 Appellant, pro se, moves for "International Emergency Economic Powers." However, this Court has determined sua sponte that the notice of appeal was untimely filed. Upon due consideration, it is hereby ORDERED that the appeal is DISMISSED for lack of jurisdiction. See 28 U.S.C. § 2107; Bowles v. Russell, 551 U.S. 205, 214 (2007). It is further ORDERED that Appellants motion is DENIED as moot.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/22/2023..(nd) |
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Wednesday, September 21, 2022 | ||
appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Wed 09/21 4:20 PM
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:14 Notice of Appeal. (tp) |
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appeal
Appeal Record Sent to USCA - Electronic File
Wed 09/21 4:20 PM
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for14 Notice of Appeal filed by Rafael Arden Jones, Sr. were transmitted to the U.S. Court of Appeals. (tp) |
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Tuesday, September 20, 2022 | ||
14 | 14
appeal
Notice of Appeal
Wed 09/21 4:04 PM
NOTICE OF APPEAL from13 Order of Dismissal. Document filed by Rafael Arden Jones, Sr. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
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Tuesday, May 16, 2017 | ||
13 | 13
order
Order of Dismissal
Tue 05/16 10:41 AM
ORDER CLOSING CASE: On July 5, 2016, the Court dismissed the action as frivolous and declined to grant Plaintiff leave to amend because the defects in the complaint could not be cured with an amendment. (Dkt. No. 5.) The Court also ordered Plaintiff to show cause by affirmation why he should not be barred under 28 U.S.C. § 1651, from filing further actions in forma pauperis ("IFP") in this Court without prior permission. Plaintiff did not submit an affirmation, and on August 25, 2016, the Court issued an order under§ 1651, barring Plaintiff from filing future actions IFP without Court permission. (Dkt. No. 9.) On August 31, 2016, the Court received Plaintiffs affirmation. (Dkt. No. 10.) On October 19, 2016, the Court reopened this case for the limited purpose of considering Plaintiffs affirmation, but ultimately concluded that Plaintiff had failed to show cause as to why he should not be barred from filing future actions IFP without court permission, and left the bar order in place. (Dkt. No. 12.) It appears that the Clerk of Court erroneously interpreted the October 19 order as reopening this case for all purposes. The Clerk of Court is therefore directed to close this file and to mail a copy of this order to Plaintiff. (Signed by Judge Colleen McMahon on 5/16/2017) (kgo) |
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misc
Transmission to Docket Assistant Clerk
Tue 05/16 10:42 AM
Transmission to Docket Assistant Clerk. Transmitted re:13 Order of Dismissal,,,,,, to the Docket Assistant Clerk for case processing. (kgo) |
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misc
Mail Order by Certified Mail
Tue 05/16 11:00 AM
Mailed a copy of13 Order of Dismissal, to Rafael Arden Jones, Sr. 12 W. 129th Street Room #19 New York, NY 10027-2203: Blackout Entertainment 12 West 129th St Room 19 New York, NY 10027-2203: DoeBoy Entertainment 12 West 129th St Room 19 New York, NY 10027-2203. (jgo) |
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Thursday, October 20, 2016 | ||
misc
Mail Order by Certified Mail
Thu 10/20 7:54 AM
Mailed a copy of12 Order Reopening Case, to Rafael Arden Jones, Sr 12 W. 129th Street Room #19 New York, NY 10027-2203. (ca) |
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Wednesday, October 19, 2016 | ||
12 | 12
order
Order Reopening Case
Wed 10/19 5:48 PM
ORDER. Because the Court had not considered Plaintiff's affirmation before issuing the August 25, 2016 order, the Court reopens this matter for the limited purpose of considering the affirmation, but concludes that Plaintiff remains barred under § 1651. In the affirmation, Plaintiff reasserts his claim that Defendants breached a contract and requests leave to amend his complaint. He does not, however, address his lengthy litigation history in this Court and show cause why a bar order should not be imposed. Because the Court already declined to grant Plaintiff leave to amend as it would be futile to do so, and because Plaintiff does not show cause why he should not be barred from filing future actions IFP without Court permission, the August 25, 2016 bar order remains in effect. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Colleen McMahon on 10/19/2016) (rjm) |
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misc
Transmission to Docket Assistant Clerk
Wed 10/19 5:48 PM
Transmission to Docket Assistant Clerk. Transmitted re:12 Order Reopening Case to the Docket Assistant Clerk for case processing. (rjm) |
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Wednesday, October 05, 2016 | ||
misc
Mail Notice of Right to Appeal
Wed 10/05 8:50 AM
Mailed notice of Right to Appeal re:11 Judgment - Sua Sponte (Complaint), to Pro Se Litigant(s): Rafael Arden Jones, Sr. (vj) |
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Tuesday, October 04, 2016 | ||
11 | 11
order
Judgment - Sua Sponte (Complaint)
Wed 10/05 8:45 AM
CIVIL JUDGMENT. IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice pursuant to the August 25, 2016 order. (ECF No. 9.) 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. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Plaintiff and note service on the docket. SO ORDERED. (Signed by Judge Colleen McMahon on 10/4/2016) (rjm) |
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misc
Transmission to Docket Assistant Clerk
Wed 10/05 8:46 AM
Transmission to Docket Assistant Clerk. Transmitted re:11 Judgment - Sua Sponte (Complaint) to the Docket Assistant Clerk for case processing. (rjm) |
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Wednesday, August 31, 2016 | ||
10 | 10
respoth
Affirmation (non-motion)
Thu 09/01 10:37 AM
AFFIRMATION of Rafael A. Jones UNDER 28:1651. Document filed by Rafael Arden Jones, Sr. (sc) |
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Friday, August 26, 2016 | ||
misc
Mail Order by Certified Mail
Fri 08/26 7:41 AM
Mailed a copy of9 Order of Dismissal, to Blackout Entertainment 12 West 129th St Room 19 New York, NY 10027-2203 *** DoeBoy Entertainment 12 West 129th St Room 19 New York, NY 10027-2203 *** Rafael Arden Jones, Sr 12 W. 129th Street Room #19 New York, NY 10027-2203. (ca) |
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Thursday, August 25, 2016 | ||
9 | 9
order
Order of Dismissal
Thu 08/25 6:25 PM
BAR ORDER UNDER 28 U.S.C. § 1651: Accordingly, Plaintiff is barred from filing future actions IFP in this Court without first obtaining from the Court leave to file. Any motion for leave to file must be captioned "Application Pursuant to Court Order Seeking Leave to File." The Plaintiff must attach a copy of his proposed complaint and attach a copy of this order with each and any such motion. The motion must be filed with the Pro Se Office of this Court. Should the Plaintiff violate this order and file an action without first filing a motion for leave to file, the action will be dismissed for failure to comply with this order. Plaintiff is warned that the continued submission of further frivolous documents may result in the imposition of additional sanctions, including monetary penalties. See 28 U.S.C. § 1651. The Clerk is directed to close this action. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (As further set forth in this Order) (Signed by Judge Colleen McMahon on 8/25/2016) (lmb) |
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misc
Transmission to Docket Assistant Clerk
Thu 08/25 6:25 PM
Transmission to Docket Assistant Clerk. Transmitted re:9 Order of Dismissal, to the Docket Assistant Clerk for case processing. (lmb) |
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Friday, July 08, 2016 | ||
misc
Mail Order by Certified Mail
Fri 07/08 12:25 PM
Mailed a copy of8 Order 30 Days Other (case opening), to Blackout Entertainment 12 West 129th St Room 19 New York, NY 10027-2203 *** DoeBoy Entertainment 12 West 129th St Room 19 New York, NY 10027-2203*** Rafael Arden Jones, Sr 12 W. 129th Street Room #19 New York, NY 10027-2203. (ca) |
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Tuesday, July 05, 2016 | ||
8 | 8
order
Order 30 Days Other (case opening)
Fri 07/08 11:32 AM
ORDER OF DISMISSAL AND TO SHOW CAUSE UNDER 28 U.S.C. § 1651: The Clerk is directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. The complaint, filed in forma pauperis under 28 U.S.C. § 1915(a), is dismissed as frivolous and for failure to state a claim upon which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(i), (ii). Plaintiff shall have thirty days to show cause by written affirmation why an order should not be entered barring Plaintiff from filing any future action in forma pauperis in this Court without prior permission. An "Affirmation Under 28 U.S.C. § 1651" form is attached to this order. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 7/5/2016) (kko) |
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notice
Notice of Case Assignment/Reassignment - Sua Sponte
Fri 07/08 11:33 AM
NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (kko) Modified on 7/8/2016 (kko). Modified on 7/8/2016 (kko) |
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misc
Transmission to Docket Assistant Clerk
Fri 07/08 11:34 AM
Transmission to Docket Assistant Clerk. Transmitted re:8 Order 30 Days Other (case opening) to the Docket Assistant Clerk for case processing. (kko) |
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Monday, June 06, 2016 | ||
7 | 7
misc
Letter
Tue 06/07 10:14 AM
LETTER from Rafael A. Jones, dated 6/4/16 re: CONSENT TO JURISDICTION 28:636. Document filed by Rafael Arden Jones, Sr.(sc) |
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Tuesday, May 17, 2016 | ||
6 | 6
motion
Miscellaneous Relief
Tue 05/17 12:06 PM
MOTION UNDER UNFAIR ADVANTAGE C.P.L.R. 78, 47 C.F.R. 22.99, 47 U.S.C.S. 151, 301, 303, 307, & 309 TO PROMOTE DIVERSITY OF PROGRAMMING. Document filed by Rafael Arden Jones, Sr.(sc) |
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Thursday, May 12, 2016 | ||
5 | 5
misc
Pro Se Memorandum to Change Address
Fri 05/13 8:12 AM
PRO SE MEMORANDUM(Letter) dated 5/11/16 re: CHANGE OF ADDRESS for Rafael Arden Jones, Sr., New Address: 12 West 129th St., Room #19, New York, New York, 10027-2203. (sc) |
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Wednesday, April 27, 2016 | ||
4 | 4
misc
Pro Se Memorandum to Change Address
Thu 05/05 8:00 AM
PRO SE MEMORANDUM(Letter) re: CHANGE OF ADDRESS for Rafael Arden Jones, Sr. New Address: #349 16-04226 Brooklyn Detention Center, 725 Atlantic Ave., 5B, 7Upper, Brooklyn, New York, 11201. (sc) |
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Tuesday, April 05, 2016 | ||
misc
Mail Order by Certified Mail
Tue 04/05 8:04 AM
Mailed a copy of3 Order Granting IFP Application to Rafael Arden Jones, Sr. (vj) |
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Monday, April 04, 2016 | ||
3 | 3
order
Order Granting IFP Application
Tue 04/05 8:03 AM
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Loretta A. Preska on 4/4/2016) (vj) |
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Friday, April 01, 2016 | ||
misc
Remark
Fri 04/01 4:23 PM
No signature on IFP and NO PLRA. (sjo) |
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Wednesday, March 30, 2016 | ||
2 | 2
cmp
Complaint
Fri 04/01 4:20 PM
COMPLAINT against Kareem Aleem, Island Def Jam South, Island Def-Jam Universal, Sakir Stewart. Document filed by Rafael Arden Jones, Sr, DoeBoy Entertainment, Blackout Entertainment.(sjo) |
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1 | 1
misc
Request to Proceed In Forma Pauperis
Fri 04/01 4:18 PM
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Rafael Arden Jones, Sr., DoeBoy Entertainment, Blackout Entertainment(sjo) Modified on 4/1/2016 (sjo) |
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utility
Case Designated ECF
Fri 04/01 4:21 PM
Case Designated ECF. (sjo) |