Kruglov v. Karlinsey et al
| Dmitry Kruglov |
| Unknown Karlinsey, Unknown Hernandez, Unknown Hannah, Unknown Alvarez, Unknown Wehde and Unknown Party |
| 4:2022cv00325 |
| July 26, 2022 |
| US District Court for the District of Arizona |
| Eric J Markovich |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| Plaintiff |
Docket Report
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Filing 12
ORDER TO SHOW CAUSE for failure to comply with LRCiv 3.7(b). Show Cause Hearing set for 11/8/2022 at 11:30 AM before Senior Judge Raner C Collins. (Attachments: #1 Consent)(DLC)
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| Filing 11 Magistrate Election Form resent and deadline reset (x3). (DLC) |
| Filing 10 Magistrate Election Form resent and deadline reset (x2). (DLC) |
| Filing 9 Notice to the Northern District of New York advising of receipt of 1:22-cv-00072-GTS-CFH, case transferred. (BAC) |
| Filing 8 This case has been assigned to the Honorable Eric J Markovich. All future pleadings or documents should bear the correct case number: CV-2-00325-TUC-EJM. Magistrate Election form attached. (BAC) |
| Filing 7 CASE TRANSFERRED IN from District of New York Northern; Case Number 1:22-cv-00072 . Original file certified copy of transfer order and docket sheet received |
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Filing 6
ORDER TRANSFERRING CASE to District of Arizona: that pursuant to 28 U.S.C. 1404(a), the Clerk of this Court shall transfer this action to the United States District Court, District of Arizona and close the file. The Court hereby waives the fourteen (14) day waiting period provided for in Local Rule 3.7; and that the Clerk of the Court serve a copy of this Order on plaintiff in accordance with Local Rules.Signed by Magistrate Judge Christian F. Hummel on 07/25/2022. (Attachments: #1 Cases)(Copy of this Order, along with the cases were served upon pro se plaintiff via regular mail on 7/25/2022.)(hmr) [Transferred from nynd on 7/26/2022.]
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Filing 5
TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with Fed. R. Civ. P. 11(a) -(the pleading must state the signer's address), and plaintiff was directed to respond to the Order if s/he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. So Ordered by Chief Judge Glenn T. Suddaby on 03/16/2022. (Copy served upon Dmitry Kruglov at c/o Icustom, 4530 W. Kennedy Blvd., Tampa, FL 33609 via regular mail on 3/16/2022.)(hmr) [Transferred from nynd on 7/26/2022.]
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| Filing 4 LETTER providing an address of c/o Icustom, 4530 W. Kennedy Blvd., Tampa, FL 33609 filed by Dmitry Kruglov. (hmr) [Transferred from nynd on 7/26/2022.] |
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Filing 3
TEXT ORDER administratively closing this action, due to Plaintiff's failure to comply with Fed. R. Civ. P. 11(a) ("The [pleading] must state the signer's address....") and Local Rule of Practice 10.1(c) ("Each [pleading] must identify... the address of a pro se litigant, including zip code...."). Cf. Fed. R. Civ. P. 41(b) (permitting dismissals based on failure to comply with the Federal Rules of Civil Procedure and/or Local Rules of Practice for the Court). After carefully considering the matter, the Court finds that the five factors to be considered when contemplating such an Order weigh decidedly in favor of the Order. Cf. Hevner v. Village East Towers, Inc., No. 07-5608, 2008 WL 4280070, at *1-2 (2d Cir. Sept. 18, 2008) (applying Fed. R. Civ. P. 41[b]). With regard to the first factor, the duration of Plaintiff's failure is more than three weeks. With regard to the second factor, Plaintiff has received adequate notice that the failure in question would lead to the result in question. Kruglov v. Copart of Conn., Inc., 17-CV-1306 Acknowledgment of Receipt of Local Rules of Practice and Pro Se Handbook (N.D.N.Y. filed 11/30/2017). With regard to the third factor, Defendants are likely to be prejudiced by a further delay by Plaintiff. See Geordiadis v. First Boston Corp., 167 F.R.D. 24, 25 (S.D.N.Y. 1996) ("The passage of time always threatens difficulty as memories fade. Given the age of this case, that problem is likely severe already. The additional delay that plaintiff has caused here can only make matters worse."). Moreover, Plaintiff's delay is unreasonable. See Lyell Theatre Corp. v. Loews Corp., 682 F.2d 37, 43 (2d Cir. 1982) ("Prejudice to defendants resulting from unreasonable delay may be presumed...."). With regard to the fourth factor, the need to alleviate congestion on the Court's docket outweighs Plaintiff's right to receive a further chance to be heard in this case. Finally, given the fact that any admonishment would not reach Plaintiff (due to his failure to provide his address), the Court finds that less drastic sanctions would be inadequate under the circumstances. The Court notes that this action may be reopened upon Plaintiff's appearance and provision of his address. SO ORDERED by Chief Judge Glenn T. Suddaby on 2/22/2022. (sal ) [Transferred from nynd on 7/26/2022.]
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| TEXT NOTICE: Although the plaintiff herein has named John Doe defendant(s) in the Complaint, the Clerk's Office will not issue summons(es) for service of process on a John Doe defendant(s) at this time. In the event plaintiff wishes to pursue the claims against this defendant, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the John Doe defendant(s), plaintiff may seek to amend the pleading to add the properly named defendant(s) pursuant to FED. R. CIV. P. 15 and summons(es) will be issued at that time. (khr) [Transferred from nynd on 7/26/2022.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Dmitry Kruglov Motions referred to Christian F. Hummel. (khr) [Transferred from nynd on 7/26/2022.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against Alvarez, John Doe, John #2 Doe, Hannah, Hernandez, Karlinsey, Wehde filed by Dmitry Kruglov. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(khr) [Transferred from nynd on 7/26/2022.] |
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