Smellie v. Holmes et al
| Iris Smellie |
| Commissioner Thomas Holmes and H.R.A. |
| 1:2019cv01077 |
| February 22, 2019 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Brian M Cogan |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
Docket Report
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Filing 6
ORDER dated 3/21/19 that to the extent plaintiff seeks reconsideration of this Court's Order dismissing the case, reconsideration is denied #5 Motion for Reconsideration. This Court does not sit as a review court over the New York State Family Court. Plaintiff's remedy, if any, is to appeal the adverse orders of the Family Court through the usual state appellate procedure. ( Ordered by Judge Brian M. Cogan on 3/21/2019 ) c/m to plaintiff (Guzzi, Roseann) (Main Document 6 replaced on 3/26/2019) (Guzzi, Roseann).
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| Filing 5 Letter undated from Iris Smellie, plaintiff pro se enclosing a copy of the family court order pertaining to the custody of granddaughter. (Guzzi, Roseann) Modified on 3/21/2019 as a Motion for reconsideration (Guzzi, Roseann). |
| Filing 4 CLERK'S JUDGMENT dated 3/1/19 that plaintiffs complaint is dismissed for lack of subject matter jurisdiction, See Fed. R. Civ. P. 12(h)(3). (Ordered by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on 3/1/2019 ) c/m w/appeals pkg. (Guzzi, Roseann) |
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Filing 3
ORDER DISMISSING CASE dated 2/28/19 that plaintiff's complaint is dismissed for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3). The Court has carefully considered whether to grant leave to amend but cannot see a basis for federal jurisdiction arising from the facts relevant to plaintiff's claim. Thus, leave to amend would be futile, because the jurisdictional deficiencies identified above cannot be cured. See Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000). The Clerk of Court is directed to enter judgment, dismissing the complaint for lack of subject matter jurisdiction. ( Ordered by Judge Brian M. Cogan on 2/28/2019 ) c/m *Forwarded for jgm. (Guzzi, Roseann)
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| Filing 2 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. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against H.R.A., Thomas Holmes, filed by Iris Smellie. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
| FILING FEE: $ 400, receipt number 4653137364 (Bowens, Priscilla) |
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