Kellier v. Billups et al (1:21-cv-03921), New York Southern District Court

Kellier v. Billups et al

New York Southern District Court
Judge:	Laura Taylor Swain
Case #:	1:21-cv-03921
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	28:1331 Fed. Question

Case Filed:	Apr 30, 2021
Terminated:	Apr 11, 2022

Last checked: Thursday Oct 28, 2021 4:25 AM EDT

Defendant Steve Banks
Defendant Samaritan Village
Defendant Rodriguez
Defendant Omahoney
Defendant NAICA Facility
Defendant Montanga
Defendant Martin
Defendant Julius Doe
Defendant John Doe
Defendant Mr. Jackson
Defendant Hyler
Defendant Bill De Blasio
Defendant DHS Facility
Defendant Mrs. Cruz
Defendant Coaltion for the Homeless
Defendant Mr. Clinton
Defendant Cheung
Defendant Billups
Defendant Bently
Defendant Anthony Acosta
Plaintiff Joshua Kellier P.O. Box 23678 Brooklyn, NY 11201

Docket last updated: 6 hours ago

Friday, August 12, 2022
		misc Received Returned Mail Fri 08/12 3:40 PM Received returned mail re:17 Order of Dismissal,18 Judgment - Sua Sponte (Complaint). Mail was addressed to Joshua Kellier, P.O. Box 23678, Brooklyn, NY 11201 and was returned for the following reason(s): Return To Sender Attempted - Not Known Unable To Forward Return To Sender. (vn) Related: [-]
Wednesday, April 13, 2022
		misc Mailing Receipt Wed 04/13 8:58 AM MAILING RECEIPT: Document No: 17-18. Mailed to: Joshua Kellier P.O. Box 23678 Brooklyn, NY 11201. Mailed: (dsh) Related: [-]
Monday, April 11, 2022
18		18 order Judgment - Sua Sponte (Complaint) Tue 04/12 9:25 AM 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. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/11/22) (rdz) Related: [-]
		Att: 1 Pro Se Appeal Package
17		17 1 pgs order Order of Dismissal Tue 04/12 9:22 AM ORDER OF DISMISSAL: By order dated June 14, 2021, the Court directed Plaintiff to file an amended complaint within sixty days. That order specified that failure to comply would result in dismissal of the complaint. On July 14, 2021, Plaintiff filed a notice of interlocutory appeal. The Second Circuit dismissed the appeal as frivolous. No. 21-1706 (2d Cir. Jan. 13, 2022). On February 8, 2022, the Court granted Plaintiff 30 days to file an amended complaint. Plaintiff has not filed an amended complaint. Accordingly, the complaint, filed in forma pauperis (IFP) under 28 U.S.C. � 1915(a)(1), 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 this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/11/22) (rdz) Related: [-]
Tuesday, February 08, 2022
16		16 2 pgs order Order 30 Days Amended Complaint (case opening) Tue 02/08 10:06 AM ORDER: The Court grants Plaintiff an extension of time to file an amended complaint as outlined in the June 14, 2021 order. Plaintiff is directed to file an amended complaint within thirty days of the date of this order. No further extensions of time will be granted. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the complaint will be 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 under 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. (Signed by Judge Laura Taylor Swain on 2/8/2022) (sac) Related: [-]
		misc Mail Order by USPS Tue 02/08 10:54 AM Mailed a copy of16 Order 30 Days Amended Complaint (case opening), to Joshua Kellier, P.O. Box 23678, Brooklyn, NY 11201. (dsh) Related: [-]
Thursday, February 03, 2022
15		15 appeal USCA Mandate Thu 02/03 10:01 AM MANDATE of USCA (Certified Copy) as to14 Notice of Interlocutory Appeal filed by Joshua Kellier,13 Notice of Interlocutory Appeal filed by Joshua Kellier. USCA Case Number 21-1706 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)... Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 2/3/2022..(nd) Related: [-]
Friday, July 16, 2021
		appeal Appeal Remark Fri 07/16 1:31 PM Appeal Remark as to14 Notice of Interlocutory Appeal filed by Joshua Kellier. USCA Second Circuit may treat this14 NOA as a duplicate since Mr. Kellier already filed his13 NOA from the same11 Order. (tp) Related: [-]
		appeal Transmission of Notice of Appeal and Docket Sheet to USCA Fri 07/16 1:32 PM Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:14 Notice of Interlocutory Appeal. (tp) Related: [-]
		appeal Appeal Record Sent to USCA - Electronic File Fri 07/16 1:33 PM Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for14 Notice of Interlocutory Appeal filed by Joshua Kellier were transmitted to the U.S. Court of Appeals. (tp) Related: [-]
Wednesday, July 14, 2021
14		14 appeal Notice of Interlocutory Appeal Fri 07/16 1:29 PM NOTICE OF INTERLOCUTORY APPEAL from11 Order 60 Days Amended Complaint (case opening). Document filed by Joshua Kellier. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) Related: [-]
Tuesday, July 13, 2021
		appeal Transmission of Notice of Appeal and Docket Sheet to USCA Tue 07/13 3:35 PM Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:13 Notice of Interlocutory Appeal. (tp) Related: [-]
		appeal Appeal Record Sent to USCA - Electronic File Tue 07/13 3:36 PM Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for13 Notice of Interlocutory Appeal filed by Joshua Kellier were transmitted to the U.S. Court of Appeals. (tp) Related: [-]
Monday, July 12, 2021
13		13 appeal Notice of Interlocutory Appeal Tue 07/13 3:34 PM NOTICE OF INTERLOCUTORY APPEAL from11 Order 60 Days Amended Complaint (case opening). Document filed by Joshua Kellier. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) Related: [-]
Monday, June 28, 2021
12		12 misc Letter Tue 06/29 12:00 PM LETTER addressed to Judge Laura Taylor Swain from Joshua Kellier, dated 6/19/21 re: "MAIL FRAUD AND VIOLATIONS OF THE LAW" - Plaintiff told Mrs. Shaw that he mailed his complaint against the DHS on 4/6/21. Mrs. Shaw refused to perform her duty of proper record keeping and put it down that the plaintiff filed his record on 4/29/21, rather than 4/6/21. Plaintiff's complaint was still in the package that postmarked the date the office received his complaint (see exhibit) etc. Document filed by Joshua Kellier.(sc) Related: [-]
Wednesday, June 16, 2021
		notice Notice of Case Assignment/Reassignment - Sua Sponte Wed 06/16 10:13 AM NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(wb) Related: [-]
Tuesday, June 15, 2021
		misc Mail Order by USPS Tue 06/15 3:43 PM Mailed a copy of11 Order 60 Days Amended Complaint (case opening), to Joshua Kellier, P.O. Box 23678, Brooklyn, NY 11201. (dsh) Related: [-]
Monday, June 14, 2021
11		11 20 pgs order Order 60 Days Amended Complaint (case opening) Tue 06/15 3:08 PM ORDER TO AMEND: Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 21-CV-3921 (LTS). An Amended Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the complaint will be dismissed for failure to state a claim upon which relief may be granted. The motions for counsel and injunctive relief are denied without prejudice. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court certifies under 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Laura Taylor Swain on 6/14/2021) (sac) Related: [-]
Wednesday, May 12, 2021
10		10 1 pgs order Order Granting IFP Application Wed 05/12 2:51 PM ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. � 1915. (Signed by Judge Laura Taylor Swain on 5/12/2021) (vn) Related: [-]
Friday, April 30, 2021
9		9 misc Brief Wed 05/05 10:50 AM BRIEF in Support of Motion for Poo Persons Waiver, IFP IN Forma Pauperis. Document filed by Joshua Kellier..(rdz) Related: [-]
8		8 misc Brief Wed 05/05 10:36 AM BRIEF IN SUPPORT OF MOTION FOR PRO BONO COUNSEL. Document filed by Joshua Kellier..(rdz) Related: [-]
7		7 respoth Affidavit in Support (non-motion) Wed 05/05 10:30 AM AFFIDAVIT in Support of MOTION FOR POOR PERSON VAIVER, IFP-IN-FORMA PAUPERIS. Document filed by Joshua Kellier. (rdz) Related: [-]
6		6 respoth Affidavit in Support (non-motion) Wed 05/05 10:15 AM AFFIDAVIT in Support of Motion of Pro Bono Counsel. Document filed by Joshua Kellier..(rdz) Related: [-]
5		5 13 pgs respoth Memorandum of Law in Support (non-motion) Wed 05/05 10:12 AM MEMORANDUM in Support of COMPLAINT. Document filed by Joshua Kellier..(rdz) Related: [-]
4		4 notice Notice (Other) Wed 05/05 10:07 AM NOTICE of MOTION IN SUPPORT OF MOTION FOR PRO POOR PERSON'S WAIVER, IFP IN FORMA PAUPERIS. Document filed by Joshua Kellier..(rdz) Related: [-]
3		3 notice Notice (Other) Wed 05/05 10:05 AM NOTICE of MOTION IN SUPPORT OF MOTION FOR PRO BONO COUNSEL. Document filed by Joshua Kellier..(rdz) Related: [-]
2		2 cmp Complaint Wed 05/05 9:55 AM COMPLAINT against Anthony Acosta, Steve Banks, Bently, Billups, Cheung, Clinton, Coaltion for the Homeless, Cruz, DHS Facility, Bill De Blasio, Hyler, Jackson, John Doe, Julius Doe, Martin, Montanga, NAICA Facility, Omahoney, Rodriguez. Document filed by Joshua Kellier..(rdz) Related: [-]
1		1 misc Request to Proceed In Forma Pauperis Wed 05/05 9:54 AM REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Joshua Kellier..(rdz) Related: [-]
		utility Case Designated ECF Wed 05/05 9:55 AM Case Designated ECF. (rdz) Related: [-]

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