Malek v. New York State Unified Court System et al
| Robert Malek |
| Administration for Children's Services, New York State Unified Court System, Supervisors John Doe, Jan Doe, Kamil Boyce, N.Y. State Office of Children and Family Services, Sheila J Poole, Administration for Childrens Services NYC, NYC Children, Jacqueline Williams, Rosmil Almonte, Travis Johnson, Margaret Ingoglia, Ardaisha Hudson, John Doe, Amy Serlin, Legal Aid Society, J. P., New York State Inspector General, New York State Attorney General, Excellence Initiative, City of New York, Amanda K. Kuryluk, Letitia A. James, Janet Difiore Glazer and Jess B. Dannhauser |
| 1:2022cv06515 |
| October 27, 2022 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Ramon E Reyes |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 30
ORDER. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/23/2022. (Reyes, Ramon)
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| Filing 29 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. (PB) |
| Filing 28 Case transferred in from District of New York Northern; Case Number 1:22-cv-00167. Original file certified copy of transfer order and docket sheet received. |
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Filing 27
MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that the Second Recusal Motion (Dkt. No. #22 ) is DENIED as set forth herein. It is further ORDERED that the Service Extension Request (Dkt. No. #23 ) is GRANTED in part and DENIED in part, and Plaintiff's deadline to complete service is reset to sixty (60) days from the date of this Decision and Order. It is further ORDERED that Plaintiff's prior Letter Requests (Dkt. Nos. #9 , #10 ), requesting an extension of time to serve are DENIED as moot. It is further ORDERED that this action be transferred to the United States District Court for the Eastern District of New York pursuant to 28 U.S.C. 1404(a). It is further ORDERED that the Clerk advise the Clerk of the Eastern District of New York of the entry of this Decision and Order and provide all information necessary for the Clerk of the Eastern District of New York to electronically access the documents filed in this action. The Court hereby waives the fourteen (14) day waiting period provided for in Local Rule 3.7. Signed by Chief Judge Brenda K. Sannes on 10/26/2022. (Attachments: #1 Unpublished Case Law cited, #2 Unpublished Case Law cited, #3 Unpublished Case Law cited, #4 Unpublished Case Law cited, #5 Unpublished Case Law cited, #6 Unpublished Case Law cited, #7 Unpublished Case Law cited, #8 Unpublished Case Law cited, #9 Unpublished Case Law cited, #10 Unpublished Case Law cited, #11 Unpublished Case Law cited, #12 Unpublished Case Law cited, #13 Unpublished Case Law cited, #14 Unpublished Case Law cited) (Copy served upon pro se plaintiff with unpublished case law via regular mail.) (nmk) [Transferred from New York Northern on 10/27/2022.]
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| Filing 26 Letter titled "Summons Waiver and Complaint Served" filed by Robert Malek. (gmd) [Transferred from New York Northern on 10/27/2022.] |
| Filing 25 Letter from Robert Malek. (gmd) [Transferred from New York Northern on 10/27/2022.] |
| Filing 24 Response to 30 Day OSC for me to show Northern District Jurisdiction on all cases re Dkt. # 21 TEXT ORDER filed by Robert Malek. (gmd) [Transferred from New York Northern on 10/27/2022.] |
| Filing 23 Letter Request from Robert Malek requesting an extension of time to serve. (gmd) [Transferred from New York Northern on 10/27/2022.] |
| Filing 22 SECOND MOTION for Recusal of Judge filed by Robert Malek. Motions referred to Brenda K. Sannes. (ztc, ) [Transferred from New York Northern on 10/27/2022.] |
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Filing 21
TEXT ORDER: The Court recently issued a Decision and Order in Malek v. New York State Unified Court System, et al., 1:21-CV-1230 (BKS/DJS) ("Malek I"), Dkt. No. 135 (N.D.N.Y. filed Sept. 9, 2022), which, among other things, dismissed Plaintiff's claims against the named defendants who reside within this District and transferred Plaintiff's remaining claims to the Eastern District of New York. In light of this Decision and Order, Plaintiff is ordered to show cause, within thirty (30) days, why this related action should not be transferred to the Eastern District of New York pursuant to 28 U.S.C. 1404(a). SO ORDERED by Chief Judge Brenda K. Sannes on 9/9/2022. (Copy served upon pro se plaintiff via regular mail.) (nmk) [Transferred from New York Northern on 10/27/2022.]
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Filing 20
DECISION and ORDER: It is hereby ORDERED that Plaintiff's motion for recusal (Dkt. No. #18 ) is DENIED. It is further ORDERED that the Clerk shall attach to this Decision and Order a copy of the Decision and Order entered in Malek I denying the same motion for recusal. Signed by Chief Judge Brenda K. Sannes on 9/6/2022. [Copy of Order and Order with case law from Malek I served upon pro se plaintiff via regular mail.] (nmk) [Transferred from New York Northern on 10/27/2022.]
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| Filing 19 CERTIFICATE OF SERVICE by Robert Malek re #18 MOTION for Recusal filed by Robert Malek. (khr) [Transferred from New York Northern on 10/27/2022.] |
| Filing 18 MOTION for Recusal filed by Robert Malek. Response to Motion due by 9/13/2022 Motions referred to Brenda K. Sannes. (khr) [Transferred from New York Northern on 10/27/2022.] |
| Filing 17 NOTICE of Certified Mail Receipts re: Waivers of Service of Summons sent to all Defendants by Robert Malek (khr) [Transferred from New York Northern on 10/27/2022.] |
| Filing 16 TEXT ORDER: On July 11, 2022, Pro Se Plaintiff Robert Malek filed a Letter Request to have the Summonses in this matter re-issued in light of the fact that he has not received copies in the mail. Dkt. No. #15 . It is not necessary to re-issue the Summonses in this matter, however, the Clerk of the Court is directed to send copies of the Summonses previously issued by the Court on June 21, 2022 to Mr. Malek by mail. Dkt. No. #12 . SO ORDERED Magistrate Judge Daniel J. Stewart on 7/14/2022. (Copy served upon pro se plaintiff by regular mail). (mab) [Transferred from New York Northern on 10/27/2022.] |
| Clerk mailed out the Dkt. No. #12 Summonses Issued to pro se plaintiff via regular mail on 7/14/2022 pursuant to the Dkt. No. 16 Text Order. (hmr) [Transferred from New York Northern on 10/27/2022.] |
| Filing 15 Letter Motion from Robert Malek requesting that the summonses be reissued, since he did not receive the summonses issued at Dkt. No. #12 that were mailed to him on 6/21/2022, submitted to Judge Daniel J. Stewart. (hmr) [Transferred from New York Northern on 10/27/2022.] |
| Filing 14 Letter from Robert Malek, Pro Se regarding a typographical error within the Amended Complaint. (pjh, ) [Transferred from New York Northern on 10/27/2022.] |
| Filing 13 NOTICE OF CLAIM by Robert Malek, Pro Se. (pjh, ) (Additional attachment(s) added on 6/22/2022: #1 Envelope) (pjh, ). [Transferred from New York Northern on 10/27/2022.] |
| Filing 12 Summons Issued as to New York State Inspector General. (Attachments: #1 Summons Issued as to New York State Attorney General, #2 Summons Issued as to Excellence Initiative, #3 Summons Issued as to the City of New York, #4 Summons Issued as to NYS Children, #5 Summons Issued as to Amanda K. Kuryluk, #6 Summons Issued as to Letitia A. James, #7 Summons Issued as to Janet DiFiore Glazer, #8 Summons Issued as to Jess B. Dannhauser, #9 Summons Issued as to Administration for Childrens Services, #10 Summons Issued as to New York State Office of Children and Family Services, #11 Summons Issued as to New York State Unified Court System, #12 Summons Issued as to Sheila J. Poole) {Original summonses with raised seal were sent to pro se via regular mail}(pjh, ) [Transferred from New York Northern on 10/27/2022.] |
| Filing 11 AMENDED COMPLAINT WITH JURY DEMAND: against Administration for Childrens Services, City of New York, Jess B. Dannhauser, Janet Difiore Glazer, Jane Doe, John Doe, Excellence Initiative, Letitia A. James, Amanda K. Kuryluk, N.Y. State Office of Children and Family Services, NYC Children, New York State Attorney General, New York State Inspector General, New York State Unified Court System and Sheila J. Poole filed by Robert Malek, Pro Se. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(pjh, ) [Transferred from New York Northern on 10/27/2022.] |
| Filing 10 Letter Request/Motion from Robert Malek requesting extension of time to serve. (khr) [Transferred from New York Northern on 10/27/2022.] |
| Filing 9 Letter Request/Motion from Robert Malek requesting extension of time to serve due to ACS not turning over requested FOIL information on defendant. (khr) Modified on 4/27/2022 (khr). [Transferred from New York Northern on 10/27/2022.] |
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Filing 8
TEXT ORDER granting Plaintiff's #7 Letter Request seeking an extension of time to serve the Summons and Complaint upon Defendants in this matter. Plaintiff is directed to serve Defendants and file proof of such service on the case docket by June 27, 2022. The Rule 16 Initial Conference scheduled for May 24, 2022 before the undersigned and the deadline for the parties to file a proposed Civil Case Management Plan and exchange Mandatory Disclosure are ADJOURNED without date at this time and will be rescheduled upon the filing of Defendants' Answers. SO ORDERED by Magistrate Judge Daniel J. Stewart on 4/27/2022. (Copy served upon pro se plaintiff by regular mail). (mab) [Transferred from New York Northern on 10/27/2022.]
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| Filing 7 Letter Request/Motion from Robert Malek requesting extension of time to serve. (khr) [Transferred from New York Northern on 10/27/2022.] |
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Filing 6
TEXT ORDER OF RECUSAL. Senior Judge Thomas J. McAvoy recused. Case reassigned to Judge Brenda K. Sannes for all further proceedings. Authorized by Senior Judge Thomas J. McAvoy on 2/28/2022. (Copy served upon Pltf via regular mail)(amt) [Transferred from New York Northern on 10/27/2022.]
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Filing 5
TEXT ORDER granting the Direct Assignment. The cases are deemed related. Authorized by Senior Judge Thomas J. McAvoy on 2/25/2022. (amt) [Transferred from New York Northern on 10/27/2022.]
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| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/24/2022 09:30 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/17/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) [Transferred from New York Northern on 10/27/2022.] |
| Filing 3 Summons Issued as to Administration for Childrens Services, Rosmil Almonte, Kamil Boyce, Ardaisha Hudson, Margaret Ingoglia, Travis Johnson, Legal Aid Society, N.Y. State Office of Children and Family Services, New York State Unified Court System, J. P., Sheila Poole, Amy Serlin, Jacqueline Williams. (Attachments: #1 Summons Issued as to Legal Aid Society, #2 Summons Issued as to Kamil Boyce, #3 Summons Issued as to N.Y.S. Office of Children Family Services, #4 Summons Issued as to Sheila Poole, #5 Summons Issued as to Administration for Childrens Services, #6 Summons Issued as to Jacqueline Williams, #7 Summons Issued as to Rosmil Almonte, #8 Summons Issued as to Margaret Ingoglia, #9 Summons Issued as to Travis Johnson, #10 Summons Issued as to J.P., #11 Summons Issued as to Ardaisha Hudson, #12 Summons Issued as to Amy Serlin)(mgh) [Transferred from New York Northern on 10/27/2022.] |
| TEXT Notice pursuant to General Order 12 of Potential Related Case(s), submitted to District Judge for review and determination. Potential Related cases: 1:21-cv-1230. (mgh) [Transferred from New York Northern on 10/27/2022.] |
| TEXT NOTICE: Although the plaintiff herein has named John Doe defendant(s) in the Complaint, the Clerk's Office will not issue summons(es) for service of process on a John Doe defendant(s) at this time. In the event plaintiff wishes to pursue the claims against this defendant, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the John Doe defendant(s), plaintiff may seek to amend the pleading to add the properly named defendant(s) pursuant to FED. R. CIV. P. 15 and summons(es) will be issued at that time. (mgh) [Transferred from New York Northern on 10/27/2022.] |
| Filing 2 PRO SE HANDBOOK and NOTICE issued and explained at time complaint was filed (mgh) [Transferred from New York Northern on 10/27/2022.] |
| Filing 1 COMPLAINT against Administration for Childrens Services, Rosmil Almonte, Kamil Boyce, Jan Doe, John Doe, John Doe, Ardaisha Hudson, Margaret Ingoglia, Travis Johnson, Legal Aid Society, N.Y. State Office of Children and Family Services, New York State Unified Court System, J. P., Sheila Poole, Amy Serlin, Jacqueline Williams (Filing fee $402 receipt number ALB012356) filed by Robert Malek. (Attachments: #1 Exhibit(s) A -F, #2 Exhibit(s) G -J, #3 Civil Cover Sheet)(mgh) [Transferred from New York Northern on 10/27/2022.] |
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