Razzoli v. Richmond University Medical Center et al
| Kevin Razzoli |
| Richmond Hill Medical Center, Dr. Douglas Cohen, Richmond University Medical Center, Dr. Ami Raval, Med Tronics Devices, Unknown Bop Staff and Unknown Medical Staff Bop |
| 1:2023cv06697 |
| September 12, 2023 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Ann M Donnelly |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 11 SWORN AFFIDAVIT of Pro Se Plaintiff Kevin Razzoli. Exhibits enclosed. (Attachments: #1 Certificate of Service) (ENE) |
| Filing 10 EXHIBITS by Kevin Razzoli, plaintiff pro se re: surgical reports. (RG) |
Filing 9
ORDER: The plaintiff's RICO claims are dismissed without prejudice. The plaintiff's remaining claims are dismissed with prejudice to filing in federal court; however, any potential state law claims are dismissed without prejudice to filing in state court. In the amended complaint, the plaintiff must provide the date, location and a short, plain statement of the relevant facts supporting the claim against each defendant. If the plaintiff decides to file an amended complaint, it must be captioned "Amended Complaint" and bear the same docket number as this order: 23-CV-6697 (AMD) (LB). The plaintiff is advised that the amended complaint completely replaces the original complaint. The is, the amended complaint must stand on its own without reference to the original complaint. All further proceedings shall be stayed for 30 days. If the plaintiff fails to file an amended complaint within the time allowed or fails to show good cause for an extension to file the amended complaint, the Clerk of Court shall be directed to enter judgment and close this case. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith. Therefore, in forma pauperis status is denied for purpose of an appeal. The Clerk of Court is respectfully directed to mail a copy of this Memorandum and Order to the plaintiff along with a general complaint form and to note the mailing on the docket. Ordered by Judge Ann M. Donnelly on 10/25/2023. (DG)
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| Filing 8 MOTION for Leave to Proceed in forma pauperis by Kevin Razzoli. (RG) |
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Filing 7
ORDER: The plaintiff's September 22, 2023 letter provides some information about his public benefits, but he does not provide any information about other income and assets or his living expenses. If the plaintiff wishes to proceed with this action, he must either file an IFP application that provides this information1 or pay the $402 filing fee to the Clerk of Court of the Eastern District of New York within 14 days from the date of this Order. If the plaintiff does notdo so, the Court will dismiss the action without prejudice. Before the plaintiff invests additional time and money in this litigation, he may wish toconsider whether he has met the jurisdictional requirements for bringing a civil action in federal court. Federal subject-matter jurisdiction is available only when a federal question is presented, 28 U.S.C. 1331, or when the plaintiff and the defendants have complete diversity of citizenship and the amount in controversy exceeds $75,000, id. 1332. The plaintiff captions his complaint as a "Federal Malpractice Suit" and cites provisions of the United States Code related to civil rights violations by state actors; criminal provisions related to racketeering activities; and the Freedom of Information Act, 5 U.S.C. 552, et seq., which provides access to some information collected by federal agencies, but does not apply to state actors or private hospitals. It is not clear how any of these provisions would apply to the plaintiff's claims, which appear to involve a 2020 medical procedure at Richmond University Medical Center. Even if the plaintiff pays the filing fee or submits a valid application to proceed IFP, the Court will dismiss this action if it finds that it does not have jurisdiction over the case. See Fed. R. Civ. P. 12(h)(3). The Clerk of Court is requested to send a copy of this order to the plaintiff, along with acopy of the IFP application form. The Clerk is also directed to amend the caption of the complaint to include the defendants named on the second page of the complaint. The plaintiff may contact the City Bar Justice Center's Federal Pro Se Legal Assistance Project at (212) 382-4729 for free, limited-scope legal assistance. Ordered by Judge Ann M. Donnelly on 10/4/2023. (DG)
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| Filing 6 CONSENT to Jurisdiction by US Magistrate Judge signed by Plaintiff Pro se ONLY. (RG) |
| Filing 5 Pro Se Consent to Electronic Notification by Kevin Razzoli. **Please Note plaintiff did not indicate an email address (RG) |
| Filing 4 Letter as a Notice to the Court regarding defective docketing re: Jury demand and lead defendant submitted by Kevin Razzoli, plaintiff pro se. (RG) (Additional attachment(s) added on 9/25/2023: #1 ATTACH) (RG). |
| 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. (AF) |
| Filing 2 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days (c/m-9/12/2023). (AF) |
| Filing 1 COMPLAINT against All Defendants, filed by Kevin Razzoli. (Attachments: #1 Civil Cover Sheet) (AF) |
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