Pettus v. Police Commissioner et al
| New York Southern District Court | |
| Judge: | Laura Taylor Swain |
| Case #: | 1:25-cv-03973 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | May 06, 2025 |
| Terminated: | May 15, 2025 |
Create an account to get the full party report for this case.
| Docket last updated: 5 hours ago |
| Thursday, May 15, 2025 | ||
| 5 | 5
order
Judgment
Thu 05/15 9:37 AM
CIVIL JUDGMENT that for the For the reasons stated in the May 13, 2025, order, this action is dismissed without prejudice, due to Plaintiff's failure to comply with the court's February 4, 2005 judgment in Pettus, No. 05-CV-1439. 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 5/15/2025) (tp) |
|
|
Att: 1
Appeal Package
|
||
|
misc
Mailing Receipt
Thu 05/15 9:44 AM
MAILING RECEIPT: Document No: 4, 5. Mailed to: James Pettus 123 W 183rd St. Apt 5I Bronx, NY 10453. (kgo) |
||
| Wednesday, May 14, 2025 | ||
|
notice
Notice of Case Assignment/Reassignment - Sua Sponte
Wed 05/14 5:18 PM
NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
||
| Tuesday, May 13, 2025 | ||
| 4 | 4
1
pgs
order
Order of Dismissal
Wed 05/14 3:55 PM
ORDER OF DISMISSAL UNDER 28 U.S.C. § 1651: On February 4, 2005, the court barred Plaintiff James Pettus from filing future civil actions in this court without first obtaining from the court leave to file. See Pettus v. Clarke, 1:05-CV-1439, 5 (MBM) (S.D.N.Y. Feb. 4, 2005) (electronic docket entry), appeal dismissed as frivolous, No. 05-1314 (2d Cir. Sept. 29, 2005) (same). Plaintiff, proceeding pro se, brings this new civil action seeking leave to proceed in forma pauperis, but he has not sought leave from the court to file this action. The Court therefore dismisses this action without prejudice, due to Plaintiff's failure to comply with the court's February 4, 2005 judgment in Pettus, No. 05-CV-1439, 5. 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 enter a judgment dismissing this action. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/13/2025) (mml) |
|
| 3 | 3
order
Standing Order re Cases Filed By Pro Se Plaintiffs
Tue 05/13 2:35 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 Chief Judge Laura Taylor Swain on 3/18/2025) (tro) |
|
|
service
Note Regarding Service on Self-Represented Party
Tue 05/13 2:36 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..(tro) |
||
| Wednesday, May 07, 2025 | ||
| 2 | 2
misc
Request to Proceed In Forma Pauperis
Tue 05/13 2:32 PM
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by James Pettus.(tro) |
|
|
utility
Case Designated ECF
Tue 05/13 2:33 PM
Case Designated ECF. (tro) |
||
| Tuesday, May 06, 2025 | ||
| 1 | 1
cmp
Complaint
Tue 05/13 2:32 PM
COMPLAINT against All Captains, Lt. Sargarts 44th PCT, All Jane, John Does, Police Commissioner. Document filed by James Pettus.(tro) |
|