Genao v. Goldstein & Weinstein, LLP
| New York Southern District Court | |
| Judge: | Colleen Mcmahon |
| Case #: | 1:19-cv-03404 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Apr 16, 2019 |
| Terminated: | May 16, 2019 |
| Last checked: Sunday Oct 13, 2019 5:04 AM EDT |
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Defendant
Goldstein & Weinstein, LLP
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Plaintiff
Elvin Genao
237 West 127th Street Apt. 14C
New York, NY 10027 |
| Docket last updated: 04/26/2024 11:59 PM EDT |
| Thursday, December 12, 2019 | ||
| 8 | 8
appeal
USCA Mandate
Thu 12/12 10:42 AM
MANDATE of USCA (Certified Copy) as to7 Notice of Appeal filed by Elvin Genao. USCA Case Number 19-1730 Appellant, pro se, moves for leave to proceed in forma pauperis. Upon due consideration, it is hereby ORDERED that the motion is DENIED and the appeal is DISMISSED because it "lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989); see also 28 U.S.C. § 1915(e). Appellant has filed several other frivolous matters in this Court, including the appeals docketed under 19-1745 19-2515 and 19-1944 which are also before this panel. This Court has previously dismissed one of Appellant's appeals as frivolous. See Genao v. Harriet Tubman P.S. 154, 2d Cir. 19-752. Accordingly, Appellant is hereby warned that the continued filing of duplicative, vexatious, or clearly meritless appeals, motions, or other papers could result in the imposition of a sanction that would require Appellant to obtain permission from this Court prior to filing any further submissions in this Court (a "leave-to-file" sanction). See In re Martin-Trigona, 9 F.3d 226, 229 (2d Cir. 1993); Sassower v. Sansverie, 885 F.2d 9, 11 (2d Cir. 1989) (per curiam).. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/11/2019. (nd) |
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| Wednesday, June 12, 2019 | ||
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appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Wed 06/12 10:12 AM
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:7 Notice of Appeal. (tp) |
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appeal
Appeal Record Sent to USCA - Electronic File
Wed 06/12 10:13 AM
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for7 Notice of Appeal filed by Elvin Genao were transmitted to the U.S. Court of Appeals. (tp) |
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| Monday, June 10, 2019 | ||
| 7 | 7
appeal
Notice of Appeal
Wed 06/12 10:10 AM
NOTICE OF APPEAL from5 Order of Dismissal,6 Judgment - Sua Sponte (Complaint). Document filed by Elvin Genao. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
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Att: 1
Motion for IFP
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appeal
Appeal Fee Due
Wed 06/12 10:11 AM
Appeal Fee Due: for7 Notice of Appeal. Appeal fee due by 6/24/2019. (tp) |
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appeal
Appeal Remark
Wed 06/12 10:12 AM
Appeal Remark as to7 Notice of Appeal filed by Elvin Genao. IFP DENIED 05/16/2019. (tp) |
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| Thursday, May 16, 2019 | ||
| 6 | 6
order
Judgment - Sua Sponte (Complaint)
Thu 05/16 2:46 PM
CIVIL JUDGMENT. IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii). 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 5/16/2019) (rjm) |
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| 5 | 5
3
pgs
order
Order of Dismissal
Thu 05/16 2:41 PM
ORDER OF DISMISSAL. The Clerk is directed to 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 for failure to state a claim upon which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii). 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). The Clerk of Court is directed to docket this as a "written opinion" within the meaning of Section 205(a)(5) of the E-Government Act of 2002. SO ORDERED. (Signed by Judge Colleen McMahon on 5/16/2019) (rjm) |
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misc
Mail Order by Certified Mail
Thu 05/16 3:39 PM
Mailed a copy of6 Judgment - Sua Sponte (Complaint),5 Order of Dismissal, to with Notice of Right to Appeal to Elvin Genao 237 West 127th Street Apt. 14C New York, NY 10027. (aea) |
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| Monday, May 13, 2019 | ||
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misc
Mail Order by Certified Mail
Mon 05/13 9:49 AM
Mailed a copy of4 Order Granting IFP Application to Elvin Genao 237 West 127th Street Apt. 14C New York, NY 10027. (aea) |
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| Friday, May 10, 2019 | ||
| 4 | 4
1
pgs
order
Order Granting IFP Application
Mon 05/13 9:25 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 Colleen McMahon on 5/10/2019) (sac) |
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| Tuesday, May 07, 2019 | ||
| 3 | 3
misc
Request to Proceed In Forma Pauperis
Thu 05/09 2:47 PM
APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Elvin Genao.(sc) |
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| Monday, April 22, 2019 | ||
| 2 | 2
2
pgs
order
Order Directing Payment of Fee or IFP Application
Mon 04/22 12:30 PM
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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). Filing Fee due by 5/22/2019. In Forma Pauperis (IFP) Application due by 5/22/2019. (Signed by Judge Colleen McMahon on 4/22/2019)(bl) |
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Att: 1
Supplement IFP
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notice
Notice of Case Assignment/Reassignment - Sua Sponte
Mon 04/22 1:07 PM
NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (jc) |
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misc
Mail Order by Certified Mail
Mon 04/22 2:41 PM
Mailed a copy of2 Order Directing Payment of Fee or IFP Application to Elvin Genao 237 West 127th Street Apt. 14C New York, NY 10027. (nb) |
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| Tuesday, April 16, 2019 | ||
| 1 | 1
cmp
Complaint
Thu 04/18 11:38 AM
COMPLAINT against Goldstein & Weinstein, LLP. Document filed by Elvin Genao. (sac) |
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utility
Case Designated ECF
Thu 04/18 11:38 AM
Case Designated ECF. (sac) |
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