Isijola v. NH Department of Safety et al
| Femi Isijola |
| NH Department of Safety, Aaron R. Richards, Linda Capuchino, Stacey K. Schultz, Elizabeth Bielecki, Donald Blaszka, Christopher Casko, Robert Quinn, Jessica A. King, Anthony J. Galdieri, Maria E. Buckman, Andrew R. Schulman, Brian T. Tucker, Timothy A. Gudas, Patrick Donovan, Anna Barbara Hantz Marconi, James Bassett and Gary Hicks |
| 1:2023cv00385 |
| August 7, 2023 |
| US District Court for the District of New Hampshire |
| Steven J McAuliffe |
| Talesha Leah Saint-Marc |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 14 Clerk's Supplemental Certificate transmitted to US Court of Appeals re: #10 Notice of Appeal, with documents numbered Endorsed Order dated 9/8/23.(lw) |
| ENDORSED ORDER denying as moot #11 Motion to Proceed In Forma Pauperis on Appeal. Text of Order: Movant's IFP status continues for appeal purposes without need for further motion. Motion denied as moot. So Ordered by US Magistrate Judge Talesha Leah Saint-Marc.(lw) |
| Appellate Case Number: First Circuit Court of Appeals 23-1732 re: #10 Notice of Appeal, filed by Femi Isijola.(lw) |
| Filing 13 Clerk's Certificate transmitting Record on Appeal to US Court of Appeals, documents numbered 6, 7, Endorsed Orders dated 8/23/23, 10, 11, 12 & 13, re #10 Notice of Appeal. A copy of the Notice of Appeal mailed to all parties this date.(lw) |
| Filing 12 Appeal Cover Sheet as to #10 Notice of Appeal, filed by Femi Isijola. (lw) |
| Filing 11 MOTION to Proceed in forma pauperis on Appeal with Financial Affidavit filed by Femi Isijola. (Attachments: #1 Financial Affidavit)(lw) |
| Filing 10 NOTICE OF APPEAL as to #6 Order on Motion for Preliminary Injunction; dismissing Complaint, #7 Judgment, Endorsed Order on Motion for Reconsideration, Endorsed Order on Motion to Void the Judgment Entered on August 8, 2023, 08/08/2023 Pursuant to Rule 60(B)(4) of the Federal Rules of Civil Procedure, by Femi Isijola. File-stamped copy to be sent to parties/USCA by Clerks Office. NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf/. Counsel and pro se parties should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at # http://www.ca1.uscourts.gov/cmecf (Attachments: #1 Attachments)(lw) |
ENDORSED ORDER denying #8 Motion for Reconsideration re: Endorsed Order on Application to Proceed Without Prepayment of Fees or Costs, #6 Order on Motion for Preliminary Injunction. Text of Order: Denied. Plaintiff, pro se, understandably asserts that his claims are not the same as pursued in the state administrative process and, later, in the state courts. But, "[L]itigants cannot 'avoid the impact of the Rooker-Feldman doctrine simply by recasting [their] claims in federal court as arising under the United States Constitution, where adjudicating these claims would necessarily require reviewing the merits of the [state court's] decision." Here, the state courts' affirmance of the Department of Safety's action with respect to plaintiff's driver's license restoration. Efreom, et al. v. McKee, et al., 46 F. 4th 9, 19 (1st Cir. 2022); see also Maymo-Malendez v. Alvarez-Ramirez, 364 F. 3d 27, 33 (1st Cir. 2004) ("Rooker-Feldman does not depend on what issues were actually litigated in state court; and it is enough that granting [litigants] the relief they seek would effectively overturn the state court's decision." Plaintiff was free to ask the state courts to undo or revisit the Department of Safety's license action on constitutional or other grounds. So Ordered by Judge Steven J. McAuliffe.(lw)
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ENDORSED ORDER denying #9 Motion to Void the Judgment Entered on August 8, 2023, 08/08/2023 Pursuant to Rule 60(B)(4) of the Federal Rules of Civil Procedure. Text of Order: Denied. See order entered on motion for reconsideration (docket no. 8). So Ordered by Judge Steven J. McAuliffe.(lw)
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| Filing 9 MOTION to Void the Judgment Entered on August 8, 2023, 08/08/2023 Pursuant to Rule 60(B)(4) of the Federal Rules of Civil Procedure filed by Femi Isijola. (Attachments: #1 Memorandum of Law, #2 Notice of Filing of Rule 60(b)(4) Motion, #3 Exhibit (Affidavit), #4 Exhibits A through C, #5 Cover Letter)(lw) |
| Filing 8 MOTION for Reconsideration re: Endorsed Order on Application to Proceed Without Prepayment of Fees or Costs, #6 Order on Motion for Preliminary Injunction, filed by Femi Isijola. (Attachments: #1 Memorandum of Law, #2 Notice of Filing of Rule 59(e) Motion, #3 Exhibit (Affidavit), #4 Exhibits A through D, #5 Cover Letter)(lw) |
| Filing 7 JUDGMENT is hereby entered in accordance with #6 Order on Motion for Preliminary Injunction, #1 Complaint. Signed by Daniel J. Lynch, Clerk of Court. (Case Closed) (lw) |
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Filing 6
///ORDER denying #5 Motion for Preliminary Injunction; dismissing #1 Complaint. This court is without jurisdiction to grant the relief requested. For want of jurisdiction to consider the matter, the petition is necessarily dismissed. So Ordered by Judge Steven J. McAuliffe.(lw)
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| ENDORSED ORDER granting #2 Application to Proceed Without Prepayment of Fees or Costs. Text of Order: Plaintiff's request to proceed without prepayment of fees or costs is hereby granted, but only for the purpose of waiving the filing fee. So Ordered by US Magistrate Judge Talesha Leah Saint-Marc.(mc) |
| Filing 5 MOTION for Preliminary Injunction filed by Femi Isijola. (Attachments: #1 Memo of Law, #2 Affidavit)(mc) |
| Filing 4 MOTION FOR LEAVE TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS AND TO PROCEED IN FORMA PAUPERIS FOR SUMMONSES filed by Femi Isijola.(mc) |
| Filing 3 Motion to Participate in Electronic Filing filed by Femi Isijola. (Attachments: #1 Affidavit in Support of)(mc) |
| Filing 2 MOTION to Proceed Without Prepayment of Fees or Costs filed by Femi Isijola. (Attachments: #1 Affidavit in Support of)(mc) |
| Filing 1 COMPLAINT against James Bassett, Elizabeth Bielecki, Donald Blaszka, Maria E. Buckman, Linda Capuchino, Christopher Casko, Patrick Donovan, Anthony J. Galdieri, Timothy A. Gudas, Anna Barbara Hantz Maroni, Gary Hicks, Jessica A. King, NH Department of Safety, Robert Quinn, Aaron R. Richards, Andrew R. Schulman, Stacey K. Schultz, Brian T. Tucker with Jury Demand filed by Femi Isijola. (Attachments: #1 Affidavit to Complaint, #2 Cover Letter to Complaint, #3 Civil Cover Sheet, #4 Exhibit List to Complaint Exhibits held conventionally in Clerk's Office. )(mc) (Additional attachment(s) added on 8/7/2023: #5 Summonses) (ed). Modified on 8/8/2023 to add: Exhibits held conventionally in Clerk's Office. (mc). |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (mc) |
| Case reassigned to Judge Steven J. McAuliffe. The new case designation is: 1:23-cv-385-SM-TSM. Please show this number with the correct judge designation on all further pleadings. (mc) |
| Case assigned to Chief Judge Landya B. McCafferty and US Magistrate Judge Talesha Leah Saint-Marc. The case designation is: 1:23-cv-385-LM-TSM. Please show this number with the judge designation on all future pleadings. (mc) |
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