Azaryev v. James
| Ilya Azaryev |
| Colleen Rose, Edna Garcia James, New York State Children Administration Services and Seamen's Society for Children |
| 1:2020cv04419 |
| September 16, 2020 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| William F Kuntz |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 8
ORDER: By Order dated October 15, 2020, the Court directed Ilya Azaryev ("Plaintiff") to provide the correct name of the sole remaining defendant within fourteen days whom he identified as: Edna Garcia James ("Mrs. Flores"). ECF No. #7 at 7. Although Plaintiff has not responded and the time for doing so has passed, given Plaintiff's pro se status and the ongoing public health crisis, Plaintiff is granted an additional fourteen days to provide the correct name of the defendant. If he fails to respond within the time permitted, the Court will only direct service of process on Edna Garcia James. So Ordered by Judge William F. Kuntz, II on 11/9/2020. (Love, Alexis)
|
|
Filing 7
MEMORANDUM and ORDER granting #6 Motion for Leave to Proceed in forma pauperis. The Complaint against the Administration for Children's Services, Colleen Rose, and Seamen's Society for Children is dismissed in its entirety for failure to state a claim on which relief may be granted. 28 U.S.C. 1915(e)(2)(B). The Clerk of Court is respectfully requested to correct the caption to reflect their dismissal. Plaintiff's 42 U.S.C. 1985 claim is also dismissed for failure to state a claim on which relief may be granted. 28 U.S.C. 1915(e)(2)(B). The petition for a writ of habeas corpus is dismissed for lack of jurisdiction. As Plaintiff has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253(c)(2); Lucidore v. New York State Div. Of Parole, 209 F.3d 107, 11112 (2d Cir. 2000). The 42 U.S.C. 1983 claim against defendant Edna Garcia James (Mrs Flores) may proceed. Plaintiff must provide the correct name of this defendant within fourteen days of this Order. Once the information is provided, the caption will be corrected, and the United States Marshals Service will be directed to serve the summons and complaint upon this defendant at the address provided in the complaint, without prepayment of fees as soon as practicable after the Chief Judge of the Eastern District lifts the suspension of service by the United States Marshals Service. All other proceedings are stayed until this information is provided. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) any appeal would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. Coppedge v.United States, 369 U.S. 438, 44445 (1962). The Clerk of the Court is directed to mail a copy of this Memorandum and Order to the pro se Plaintiff and to note the mailing on the docket. SO Ordered by Judge William F. Kuntz, II on 10/14/2020. (Tavarez, Jennifer)
|
|
Filing 6
MOTION for Leave to Proceed in forma pauperis by Ilya Azaryev. (Tavarez, Jennifer)
|
|
Filing 5
Pro Se Consent to Electronic Notification by Ilya Azaryev. (Tavarez, Jennifer)
|
|
Email Notification Test - DO NOT REPLY. (Tavarez, Jennifer)
|
|
Filing 3
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 2
NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. (Documents mailed to pro se party). (Bowens, Priscilla) (Main Document 2 replaced on 9/21/2020) (Bowens, Priscilla).
|
|
Filing 4
COMPLAINT Signed by Plaintiff against Edna Garcia James, New York State Children Administration Services, Colleen Rose, Seamen's Society for Children Was the Disclosure Statement on Civil Cover Sheet completed -Y,, filed by Ilya Azaryev. (Tavarez, Jennifer)
|
|
Filing 1
COMPLAINT against All Defendants, filed by Ilya Azaryev. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
