Babayoff v. Nassau County et al
| Yair Israel Babayoff |
| Officer John Doe, Nassau County, Detective John Doe & Jane Doe, 4th Pct 1 through 10 inclusive, Nassau County Police, Brandon Margolis, Officer Jane Doe, Pro Coverage Group and 5 Town Civic Association Inc. Etal |
| 1:2018cv05654 |
| October 5, 2018 |
| US District Court for the Eastern District of New York |
| William F Kuntz |
| Roanne L Mann |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 29, 2018. A more recent docket listing may be available from PACER.
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| Filing 12 CLERK'S JUDGMENT: ORDERED and ADJUDGED that Plaintiff's claims against Nassau County, the John and Jane Doe defendants, Brandon Margolis, Pro Coverage Group, and 5 Towns Civic Association, are dismissed for failure to state a claim, 28 U.S.C. 1915(e)(2)(B); that Plaintiff's request for a preliminary injunction or a temporary restraining order is denied; that Plaintiff's motion for the appointment of counsel, ECF No. #9 , is also denied; that pursuant to 28 U.S.C. 1915(a)(3), any appeal from this order would not be taken in good faith; and that in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on 11/28/2018. (Tavarez, Jennifer) (Main Document 12 replaced on 11/29/2018) (Tavarez, Jennifer). |
Filing 11
DECISION and ORDER: Plaintiff's claims, filed in forma pauperis, against Nassau County, the John and Jane Doe defendants, Brandon Margolis, Pro Coverage Group, and 5 Towns Civic Association, are dismissed for failure to state a claim. 28 U.S.C. 1915(e)(2)(B). Plaintiff's request for a preliminary injunction or a temporary restraining order is denied. Plaintiff's motion for the appointment of counsel, ECF No. #9 , is also denied. The Clerk of Court is respectfully directed to close the case. SO Ordered by Judge William F. Kuntz, II on 11/27/2018. (Tavarez, Jennifer)
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| Filing 10 Letter dated 11/20/2018 to Judge Kuntz from Yair Isarael Babayoff regarding several requests including obtaining a copy of #8 AFFIDAVIT in Opposition re #5 Order to Show Cause and a telephone conference. (See letter for details) (Tavarez, Jennifer) |
| Filing 9 MOTION to Appoint Counsel by Yair Israel Babayoff. (Attachments: #1 Letter to Judge Strong) (Tavarez, Jennifer) |
| Minute Entry for proceedings held before Judge William F. Kuntz, II:Show Cause Hearing held on 11/20/2018. Appearances: Yair Israel Babayoff pro se plaintiff appeared on his own behalf. Arthur Forman, Esq., appeared on behalf of defendants Brandon Margolis, Pro Coverage Group, and 5 Town Civic Association Inc. The parties argued to the Court why the preliminary injunction and temporary restraining order should and should not be granted. The Court reserved its decision. (Court Reporter Rivka Teich.) (Jackson, Andrew) |
| Filing 8 AFFIDAVIT in Opposition re #5 Order to Show Cause,,,,,,,, by 5 Town Civic Association Inc. Etal, Brandon Margolis, Pro Coverage Group. (Attachments: #1 Exhibit "A", #2 Exhibit "B") (Forman, Arthur) |
| Filing 7 NOTICE of Appearance by Arthur H. Forman on behalf of 5 Town Civic Association Inc. Etal, Brandon Margolis, Pro Coverage Group (aty to be noticed) (Forman, Arthur) |
| Filing 6 CERTIFICATE OF SERVICE, re: service of #5 Order to Show Cause w/ Affidavit, served upon defts Nassau County, Nassau County Police Department-4th Pct, Brandon Margolis, Pro Coverage Group and 5 Towns Civic Association on 10/18/18. (Galeano, Sonia) |
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Filing 5
ORDER TO SHOW CAUSE, Show Cause Hearing set for 11/20/2018 at 02:00 PM in Courtroom 6H North before Judge William F. Kuntz II, why an order should not be issued pursuant to Rule 65 of the FRCP enjoining the deft during the pendency of this action from: Defendant Nassau County is to appoint council of Legal Aid to petitioner to defend negotiate with law enforcement about open complaint filed by defendant Nassau County police via the complaining witness Brandon M Margolis prior to arrest. Defendant Nassau County is hereby restrained from detaining petitioner in jail cell or in custody due to his current medical condition which would be detriment to petitioner's said health. Defendant Nassau County District Attorney should recuse themselves and appoint an impartial prosecutor to review the allegations of said defendant as to the fact to determine why petitioner's complaint was overlooked and refused to be prosecuted against defendant Brandon M Margolis. Defendant Nassau County Police Detective John Doe & Jane Doe should be restrained from asking a warrant due to the fact that the Detectives came without warrant to petitioner's house and assaulted petitioner and said detectives asking for a warrant to arrest would not be impartial and may make statements that are untrue to the local municipal court to protect from his unlawful actions. Defendant Nassau County is ordered to remove loaded fire arms from defendant Brandon Margolis as Margolis made multiple threats against petitioner to harm and possibly kill petitioner due to ongoing legal claim petitioner has against defendant Margolis. Defendant Nassau County is restrained from using local district attorney and to appoint special prosecutor to review the charges and as to why the Nassau County District Attorney refused to filed charges. (So Ordered by Judge William F. Kuntz, II on 10/11/2018) Service of this OTSC along with Affidavit will proceed upon the defts via the US Marshals Service-EDNY. (Attachments: #1 Affidavit) (Galeano, Sonia)
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| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
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ORDER granting #2 Motion for Leave to Proceed in forma pauperis. So Ordered by Judge William F. Kuntz, II on 10/11/2018. (Kuntz, William)
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| Filing 3 Unsigned Order to Show Cause by Yair Israel Babayoff (Davis, Kimberly) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Yair Israel Babayoff. (Davis, Kimberly) |
| Filing 1 COMPLAINT against 5 Town Civic Association Inc. Etal, Detective John Doe & Jane Doe, 4th Pct 1 through 10 inclusive, Jane Doe, John Doe, Brandon Margolis, Nassau County, Nassau County Police, Pro Coverage Group, filed by Yair Israel Babayoff. (Attachments: #1 Civil Cover Sheet, #2 Affidavit) (Davis, Kimberly) |
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