Sasmor v. Powell et al
| Jon Sasmor |
| Carol Alt, Fern Fisher, Chaim Goldberger, Henry Management, LLC, Steven Powell, Abraham Schneebalg and Isaac Teitelbaum |
| 1:2011cv04645 |
| September 26, 2011 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Kiyo A. Matsumoto |
| James Orenstein |
| Constitutional - State Statute |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Filing
92
ORDER. For the reasons set forth in the annexed memorandum and order, Mr. Sasmor's motion for reconsideration is respectfully DENIED. Ordered by Judge Kiyo A. Matsumoto on 9/30/2016. (Jacobson, Jonathan)
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Filing
82
ORDER ADOPTING REPORT AND RECOMMENDATIONS. Upon careful review of Judge Orenstein's thorough and well-reasoned R & R, the record in this case, and the relevant case law, the court finds no clear error in Judge Orenstein's recommendation tha t plaintiff's claims be dismissed for lack of standing and that defendant Powell is entitled to qualified immunity. Upon a de novo review, the court agrees completely with and adopts in its entirety Judge Orenstein's analysis as wel l. Accordingly, for the reasons set forth in the Order, plaintiff's complaint is dismissed in its entirety, with prejudice to the federal claims therein, and the court finds that leave to amend would be futile. Ruotolo v. City of New York, 514 F.3d 184, 191 (2d Cir. 2008) ("Leave to amend, though liberally granted, may properly be denied for: 'undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previousl y allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc.'"); Mercado v. Quantum Servicing Corp., No. 15-CV-1500, 2015 WL 1969028, at *5 (E.D.N.Y. Apr. 29, 2015). The court declines to exercise jurisdiction over plaintiff's remaining state-law claims. Furthermore, for the reasons discussed in prior decisions and above, plaintiff's request for a preliminary injunction is denied. The court further certifies p ursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Memorandum and Order would not be taken in good faith and, therefore, in forma pauperis status is denied for purposes of an appeal. Coppedge v. United States, 369 U.S. 43 8, 444-45 (1962). The Clerk of Court is respectfully requested to serve a copy of this Memorandum and Order on the pro se plaintiff and note service on this docket within three days of entering this Memorandum and Order. The Clerk of Court is further respectfully requested to enter judgment in favor of defendants, to serve the pro se plaintiff with a copy of the judgment and the appeals packet, and to close this case. Ordered by Judge Kiyo A. Matsumoto on 9/17/2015. (Tsay, Stephanie)
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Filing
66
ORDER ADOPTING REPORT AND RECOMMENDATIONS. For the reasons set forth in the attached Memorandum and Order, the Report and Recommendation issued by Magistrate Judge Orenstein on 2/21/13 61 is adopted in its entirety as the opinion of the court. Th erefore, defendants' motions to dismiss plaintiff's complaint and/or motions for judgment on the pleadings are granted, plaintiff's complaint is dismissed in its entirety, with prejudice to the federal claims therein, and the court wil l not exercise jurisdiction over plaintiffs remaining state-law claims. Also for the reasons set forth in the Memorandum and Order, plaintiff's request for a preliminary injunction is denied. The court further certifies pursuant to 28 U.S.C. & #167; 1915(a)(3) that any appeal from this Memorandum and Order would not be taken in good faith and, therefore, in forma pauperis status is denied for purposes of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully requested to serve a copy of this Memorandum and Order on the pro se plaintiff and note service on this docket within three days of entering this Memorandum and Order. The Clerk of Court is further respectfully requested to enter judgment in favor of defendants, to serve the pro se plaintiff with a copy of the judgment and the appeals packet, and to close this case. Ordered by Judge Kiyo A. Matsumoto on 3/31/2013. (Kelley, Jamuna)
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Filing
5
ORDER. For the reasons set forth in the attached Order, plaintiff's request for a temporary restraining order is denied. Ordered by Judge Kiyo A. Matsumoto on 9/26/2011. (Chang, Emily)
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