Rivera v. United States; U.S. Government; The United States; U.S. et al
Plaintiff: Jacinto Rivera
Defendant: United States; U.S. Government; The United States; U.S., Joseph R. Biden, Jr., The Biden-Harris Administration, Kamala Harris, National Institute of Allergy and Infectious Diseases, National Institute of Health, Jeh Johnson, U.S. Department of the Treasury, Social Security Administration, The State of New York, The city of New York, The Centers for Disease Control and Prevention, U.S. Department of Health and Human Services, United States; U.S. Government; The United States, U.S. President Joseph R. Biden, Jr., Vice President Kamala Harris, National Institute of Allergy and Infectious Diseases (NIAID), National Institute of Health (NIH), The Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (HHS), U.S. Department of Homeland Security (DHS), United States House of Representatives and United States Senate
Case Number: 1:2023cv02035
Filed: March 14, 2023
Court: US District Court for the Eastern District of New York
Presiding Judge: Diane Gujarati
Referring Judge: Marcia M Henry
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1331 Federal Question: Other Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 10, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 10, 2023 Filing 21 AFFIRMATION OF SERVICE by Jacinto Rivera. (Attachments: #1 Affirmation of Service as to U.S. Department of the Treasury, Attn: Secretary Janet Yellen, #2 Affirmation of Service as to U.S. Senate Select Committee of Ethics, #3 Affirmation of Service as to United States House of Representatives, #4 Affirmation of Service as to Vice President Kamala Harris/ President of U.S. Senate, #5 Affirmation of Service as to U.S. President Joseph R. Biden Jr. and The Biden Harris Administration, #6 Affirmation of Service as to The United States, Attn: Attorney Breon Peace, #7 Affirmation of Service as to United States, Attn: Attorney General Merrick B. Garland, #8 Affirmation of Service as to Social Security Administration, Attn: Dr. Kilolo Kijakazi.) (EG)
May 10, 2023 Filing 20 AFFIRMATION OF SERVICE as to U.S. Department of Health and Human Services, Attn: Xavier Becerra by Jacinto Rivera. (EG)
May 10, 2023 Filing 19 AFFIRMATION OF SERVICE as to The Centers for Disease Control and Prevention (CDC) by Jacinto Rivera. (EG)
May 10, 2023 Filing 18 AFFIRMATION of SERVICE by Jacinto Rivera. (Attachments: #1 Affirmation of Service as to National Institute of Allergy and Infectious Diseases, Attn: Dr. Hugh Auchincloss, Jr, MD.) (EG)
May 10, 2023 Filing 17 AFFIRMATION OF SERVICE as to The City of New York. (EG) (Additional attachment(s) added on 5/10/2023: #1 Affirmation as to the City of New York - Letter dated April 21, 2023.) (EG). (Additional attachment(s) added on 5/12/2023: #2 Affirmation of Service as to The State of New York/ Office of the Governor, Attn: Kathleen Hochul, #3 Affirmation of Service as to The State of New York/ Office of the Governor, Attn: Kathleen Hochul (Letter dated April 21, 2023)) (EG). Modified on 5/12/2023 to add affirmations as to State of New York. (EG).
April 26, 2023 Filing 16 AFFIDAVIT of Service for Case Transferred Update Letter, Amended Comlpaint, Amended Summons on 4/1/2023, filed by Jacinto Rivera. (IH)
April 26, 2023 Filing 15 AFFIDAVIT of Service for Case Transferred Update Letter on 4/1/2023, filed by Jacinto Rivera. (IH)
April 17, 2023 Filing 14 ANSWER Reply to #12 Order,,, filed by Jacinto Rivera. (IH)
April 17, 2023 Opinion or Order Filing 12 ORDER re #11 : By June 2, 2023, pro se Plaintiff shall file proof of proper service of the summons and Amended Complaint as to each defendant or explain the failure to complete service of the summonses and Amended Complaint. See attached Order. All deadlines to answer or otherwise respond to the Amended Complaint are stayed until further order from the Court. If pro se Plaintiff does not respond to this Order, the Court will recommend that the case against any defendants who have not been properly served should be dismissed without prejudice for failure to complete service within the period required under Rule 4.Pro se Plaintiff consented to receive this Order electronically. (See ECF No. 2.)So Ordered by Magistrate Judge Marcia M. Henry on 04/17/2023. (MY)
April 11, 2023 Filing 13 SUMMONS Returned Executed by Jacinto Rivera. Joseph R. Biden, Jr served on 4/4/2023, answer due 6/5/2023; Kamala Harris served on 4/4/2023, answer due 6/5/2023; National Institute of Allergy and Infectious Diseases (NIAID) served on 4/4/2023, answer due 6/5/2023; National Institute of Health (NIH) served on 4/4/2023, answer due 6/5/2023; Social Security Administration served on 4/4/2023, answer due 6/5/2023; The Biden-Harris Administration served on 4/4/2023, answer due 6/5/2023; The Centers for Disease Control and Prevention (CDC) served on 4/4/2023, answer due 6/5/2023; The City of New York served on 4/4/2023, answer due 6/5/2023; The State of New York served on 4/4/2023, answer due 6/5/2023; U.S. Department of Health and Human Services (HHS) served on 4/4/2023, answer due 6/5/2023; U.S. Department of Homeland Security (DHS) served on 4/4/2023, answer due 6/5/2023; U.S. Department of the Treasury served on 4/4/2023, answer due 6/5/2023; United States House of Representatives served on 4/4/2023, answer due 6/5/2023; United States Senate served on 4/4/2023, answer due 6/5/2023; United States; U.S. Government; The United States served on 4/4/2023, answer due 6/5/2023. (IH)
March 31, 2023 Filing 11 AFFIDAVIT of Service for Complaint, filed by Jacinto Rivera. (IH)
March 31, 2023 Filing 10 Summons Issued as to The City of New York, The State of New York. (IH)
March 31, 2023 Filing 9 Summons Issued as to Joseph R. Biden, Jr, Kamala Harris, National Institute of Allergy and Infectious Diseases (NIAID), National Institute of Health (NIH), Social Security Administration, The Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (HHS), U.S. Department of Homeland Security (DHS), U.S. Department of the Treasury, United States House of Representatives, United States Senate, United States; U.S. Government; The United States, U.S. Attorney and U.S. Attorney General (IH)
March 30, 2023 Filing 8 AMENDED COMPLAINT against Joseph R. Biden, Jr, Kamala Harris, National Institute of Allergy and Infectious Diseases (NIAID), National Institute of Health (NIH), Social Security Administration, The Biden-Harris Administration, The Centers for Disease Control and Prevention (CDC), The City of New York, The State of New York, U.S. Department of Health and Human Services (HHS), U.S. Department of Homeland Security (DHS), U.S. Department of the Treasury, United States House of Representatives, United States Senate, United States; U.S. Government; The United States, filed by Jacinto Rivera. (IH)
March 16, 2023 Filing 7 Pro Se Consent to Electronic Notification by Jacinto Rivera (IH)
March 16, 2023 Filing 6 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. (KD)
March 16, 2023 Filing 5 Case transferred in from District of New York Southern; Case Number 1:23-cv-01448. Original file certified copy of transfer order and docket sheet received.
March 7, 2023 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(tg) [Transferred from New York Southern on 3/16/2023.]
March 7, 2023 Opinion or Order Filing 4 TRANSFER ORDER: The Court respectfully directs the Clerk of Court to transfer this action to the United States District Court for the Eastern District of New York, 28 U.S.C. 1404(a), 1406(a), and to close the case. The Court certifies, under 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/7/2023) (tg) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 3/16/2023.]
February 22, 2023 Filing 2 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Jacinto Rivera consents to receive electronic service via the ECF system. Document filed by Jacinto Rivera. (sac) [Transferred from New York Southern on 3/16/2023.]
February 22, 2023 Filing 1 COMPLAINT against Joseph R. Biden, Jr, Kamala Harris, National Institute of Allergy and Infectious Diseases, National Institute of Health, Social Security Administration, The Biden-Harris Administration, The Centers for Disease Control and Prevention, The City of New York, The State of New York, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Department of the Treasury, United States; U.S. Government; The United States; U.S.. (Filing Fee $ 402.00, Receipt Number 12853) Document filed by Jacinto Rivera..(sac) [Transferred from New York Southern on 3/16/2023.]
February 22, 2023 Case Designated ECF. (sac) [Transferred from New York Southern on 3/16/2023.]
February 22, 2023 SUMMONS ISSUED as to Joseph R. Biden, Jr, Kamala Harris, National Institute of Allergy and Infectious Diseases, National Institute of Health, Social Security Administration, The Biden-Harris Administration, The Centers for Disease Control and Prevention, The City of New York, The State of New York, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Department of the Treasury, United States; U.S. Government; The United States; U.S. (sac) [Transferred from New York Southern on 3/16/2023.]
February 22, 2023 Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sac) [Transferred from New York Southern on 3/16/2023.]

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Plaintiff: Jacinto Rivera
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Defendant: United States; U.S. Government; The United States; U.S.
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Defendant: Joseph R. Biden, Jr.
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Defendant: The Biden-Harris Administration
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Defendant: Kamala Harris
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Defendant: National Institute of Allergy and Infectious Diseases
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Defendant: National Institute of Health
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Defendant: Jeh Johnson
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Defendant: U.S. Department of the Treasury
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Defendant: Social Security Administration
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Defendant: The State of New York
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Defendant: The city of New York
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Defendant: The Centers for Disease Control and Prevention
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Defendant: U.S. Department of Health and Human Services
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Defendant: United States; U.S. Government; The United States
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Defendant: U.S. President Joseph R. Biden, Jr.
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Defendant: Vice President Kamala Harris
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Defendant: National Institute of Allergy and Infectious Diseases (NIAID)
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Defendant: National Institute of Health (NIH)
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Defendant: The Centers for Disease Control and Prevention (CDC)
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Defendant: U.S. Department of Health and Human Services (HHS)
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Defendant: U.S. Department of Homeland Security (DHS)
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Defendant: United States House of Representatives
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Defendant: United States Senate
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