CHATTERJEE v. DEPT OF EMPLOYMENT SERVICES et al
| SAMAR CHATTERJEE |
| DEPT OF EMPLOYMENT SERVICES and US DEPT OF TREASURY, BUREAU OF FISCAL SERVICE |
| 1:2023cv03548 |
| November 28, 2023 |
| US District Court for the District of Columbia |
| Timothy J Kelly |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on January 17, 2024. A more recent docket listing may be available from PACER.
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MINUTE ORDER: As Plaintiff is proceeding in forma pauperis, it is hereby ORDERED that the Clerk of Court issue summons as to Defendants pursuant to Federal Rule of Civil Procedure 4(c)(3) and 28 U.S.C. 1915(d). The Clerk of Court is directed to furnish this summons and one copy of the #1 Complaint to the United States Marshals Service for the purpose of serving the #1 Complaint and summons upon Defendants. It is further ORDERED that the U.S. Marshals Service serve process forthwith. Signed by Judge Timothy J. Kelly on 1/17/2024. (lctjk2)
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MINUTE ORDER denying Plaintiff's #3 Urgent Motion without prejudice. On November 28, 2023, Plaintiff filed a #3 Urgent Motion alongside his Complaint. In that Motion, Plaintiff alleges that Defendants were ordered by an administrative law judge to cease enforcing the Offset Notice against him, but that Defendants have failed to do so. Plaintiff requests the Court order Defendants to suspend enforcement of the Offset Notice and refund any funds held illegally. Construing this as a request for a temporary restraining order or, alternatively, as a motion for preliminary injunction, the Court will deny the motion. "The standard for a temporary restraining order is the same as that for preliminary injunction" and awarding either form of relief "is an extraordinary and drastic remedy, and should not be granted unless the movant, by a clear showing, carries the burden of persuasion." Singh v. Carter, 168 F. Supp. 3d 216, 223 (D.D.C. 2016) (quoting Mazurek v. Armstrong, 520 U.S. 968, 972 (1997)). To obtain this preliminary relief, a plaintiff must show: "(1) that he is likely to succeed on the merits, (2) that he is likely to suffer irreparable harm in the absence of preliminary relief, (3) that the balance of equities tips in his favor, and (4) that an injunction is in the public interest." Id. (citations omitted). Plaintiff has not addressed these factors in his motion. Moreover, Plaintiff has failed to demonstrate that his situation is an "emergency," required by the local rules before the Court can consider an ex parte application for a temporary restraining order. See LCvR 65.1. In addition, the Court notes that Plaintiff may wish to seek enforcement of the administrative law judge's order in the case in which the order was entered. Accordingly, it is hereby ORDERED that Plaintiff's #3 Urgent Motion is DENIED WITHOUT PREJUDICE. Signed by Judge Timothy J. Kelly on 1/17/2024. (lctjk2)
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| Case Assigned to Judge Timothy J. Kelly. (zsl) |
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MINUTE ORDER GRANTING MOTION. Upon consideration of #2 Plaintiff's motion for leave to proceed in forma pauperis, the Court GRANTS the motion. The Clerk shall assign this case randomly to a district judge for further proceedings. SO ORDERED. Signed by Judge Beryl A. Howell on 12/28/2023. (psu1)
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| Filing 3 MOTION to suspend TOP notice by SAMAR CHATTERJEE. (Attachments: #1 Exhibit)(zljn) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by SAMAR CHATTERJEE. (zljn) |
| Filing 1 COMPLAINT against All Defendants filed by SAMAR CHATTERJEE.(zljn) |
| Initiating Pleading & IFP Application Received on 11/28/2023. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zljn) |
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