Jones Bey v. Sirius-El et al
| Sister E. Jones Bey |
| Yusef Sirius-El, Walter Clendenin-Bey, CW Harmony-Bey, R. Jordan El, James Peters-El, Candice Seales-El, Lynette Berry-Bey, Tremel Berry-Bey, Sr., C. Hurt-Bey and S. Anderson-Bey |
| 1:2022cv04649 |
| August 5, 2022 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Pamela K Chen |
| Ramon E Reyes |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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| Filing 10 NOTICE OF DOCKETING UNITED STATES COURT OF APPEALS FEDERAL CIRCUIT re #8 Notice of Appeal. A notice of appeal has been filed and assigned the above Federal Circuit case number. The court's official caption is included as an attachment to this notice. Unless otherwise noted in the court's rules, the assigned docket number and official caption or short caption must be included on all documents filed with this Court. It is the responsibility of all parties to review the Rules for critical due dates. The assigned deputy clerk is noted below and all case questions should be directed to the Case Management section at (202) 275-8055. USCAFC# 22-2219. (Jones, Vasean) |
| Filing 9 MOTION for Leave to Appeal in forma pauperis Notice of Appeal by E. Jones Bey. (Jones, Vasean) |
| Supplemental Electronic Index to Record on Appeal sent to US Court of Appeals. #8 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Jones, Vasean) |
ORDER: In this Court's August 19, 2022 Memorandum & Order, the undersigned "certifie[d] pursuant to 28 U.S.C. 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal." (Dkt. 5 at 6-7.) Accordingly, Plaintiff's #9 Motion for Leave to Appeal in forma pauperis is denied. Ordered by Judge Pamela K. Chen on 9/15/2022. (Stephan, Keegan)
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| APPEAL FILING FEE DUE re #8 Notice of Appeal Payment in the amount of $505.00, can be made in person to the clerks office, or mailed in or paid online with the event Civil Case Appeal Filing Fee. (Jones, Vasean) |
| Electronic Index to Record on Appeal sent to US Court of Appeals for the Federal Circuit. #8 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Jones, Vasean) |
| Filing 7 CLERK'S JUDGMENT: ORDERED and ADJUDGED that Plaintiff's Complaint is dismissed without leave to amend for lack of subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3); that pursuant to 28 U.S.C. 1915(a)(3) that any appeal would not be taken in good faith; and that in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).Ordered by Jalitza Poveda, Deputy Clerk on behalf of Brenna B. Mahoney, Clerk of Court on 8/23/2022. (Tavarez, Jennifer) |
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ORDER: Plaintiff has moved for this Court and Judge Reyes to recuse themselves from this matter pursuant to 28 U.S.C. 455(a), (b)(1). (Dkt. #6 at 1.) Plaintiff states that this Court and Judge Reyes have denied all of Plaintiff's motions in all of Plaintiff's prior cases and are biased against Moorish Americans. (Id. at 1-2.) Plaintiff also states that this Court has made reference to "Dirty Moors" in her summaries and orders. (Id. at 1.)Title 28 U.S.C. 455(a) requires judges to recuse themselves "in any proceeding in which [their] impartiality might reasonably be questioned." 28 U.S.C. 455(a). "Under the statute, recusal is required... wherever, an objective, disinterested observer fully informed of the underlying facts, would entertain significant doubt that justice would be done absent recusal." Cox v. Onondaga Cnty. Sheriff's Dep't, 760 F.3d 139, 150 (2d Cir. 2014). "The pertinent trigger for recusal is the 'appearance of partiality.'" Id. Title 28 U.S.C. 455(b)(1) requires recusal where a judge "has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding." 28 U.S.C. 455(b)(1)."[P]rior adverse rulings are not evidence of bias." Doe v. E. Lyme Bd. of Educ., 962 F.3d 649, 666 n.21 (2d Cir. 2020). "Judicial rulings alone almost never constitute a valid basis for a bias or partiality motion." Id. (brackets omitted). Furthermore, "[i]t has long been regarded as normal and proper" for the same judge to sit in successive cases involving the same litigants. Liteky v. United States, 510 U.S. 540, 551 (1994). Plaintiff points to no error in this Court's prior rulings, only complains that Plaintiff has lost all prior motions. Accordingly, Plaintiff's argument about this Court's and Judge Reyes's prior rulings is meritless.In addition, it is patently incorrect that this Court has referred to "Dirty Moors" in its summaries and orders. Plaintiff has not -- and cannot -- offer any evidence to the contrary. Accordingly, this argument does not warrant recusal. Matima v. Celli, 228 F.3d 68, 81 (2d Cir. 2000) (recusal not required where there is no evidence of bias). Aside from that one manufactured accusation, Plaintiff makes no other specific allegations supporting Plaintiff's argument that this Court or Judge Reyes are "bias[ed] against Moorish Americans," and any such accusation would be untrue. Again, the complete lack of evidence to support Plaintiff's baseless accusations renders Plaintiff's request for recusal meritless. |
| Filing 6 Letter MOTION for Recusal by E. Jones Bey. (Tavarez, Jennifer) |
| Filing 8 NOTICE OF APPEAL as to #7 Clerk's Judgment, by E. Jones Bey. NO FEE PAID. (Jones, Vasean) |
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Filing 5
ORDER: For the reasons explained in the attached Memorandum & Order, Plaintiff's motion to proceed in forma pauperis is granted solely for the purpose of this Order and Plaintiff's Complaint is dismissed without leave to amend for lack of subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk of Court is respectfully directed to enter judgment accordingly and close this case. Ordered by Judge Pamela K. Chen on 8/19/2022. (Stephan, Keegan)
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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. (Bowens, Priscilla) |
| Filing 3 Notice of MOTION to Compel Court to issue an Order to Cease and Desist by E. Jones Bey. (Bowens, Priscilla) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by E. Jones Bey. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants, filed by E. Jones Bey. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
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