Pompey v. City of New York et al
| Corwin Pompey |
| City of New York and Unkown Police Officers 1-10 |
| 1:2023cv08754 |
| November 28, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 30, 2023. A more recent docket listing may be available from PACER.
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| Filing 7 NOTICE of Voluntary Dismissal by Corwin Pompey (Tolchin, Robert) |
ORDER denying #6 Motion for an Extension of Time. Yesterday the Court ordered Plaintiff to show cause on or before December 20, 2023, why this case should not be dismissed as untimely under the applicable statute of limitations for the reasons stated in this Court's decision in Loeb v. Cnty. of Suffolk, No. 22-cv-6410, 2023 WL 4163117, at *2-4 (E.D.N.Y. June 23, 2023). Plaintiff now asks the Court to hold the order to show cause in abeyance until the Appellate Division, Second Department rules on the appeal in Baker v. 40 Wall St. Holdings Corp., 74 Misc. 3d 381 (Sup. Ct. Kings Cty. 2022), which has not yet been argued. See ECF No. #6 . Plaintiff asserts that this Court "relied on" the state trial court's decision in Baker in its Loeb decision and that therefore an appellate decision in Baker "may alter or clarify the state law landscape." Id. Plaintiff's letter motion misstates the basis for the Court's decision in Loeb, and ignores the Court's holding that the determination of when a claim accrues is governed by federal law. See Loeb, 2023 WL 4163117, at *2; see also Rivera v. City of New York, No. 20-cv-9968, 2022 WL 1523165, at *4 (S.D.N.Y. May 13, 2022). ("Although the statute of limitations period is determined by reference to state law, the determination of when a claim accrues is governed by federal law. For 1983 claims, accrual occurs when the plaintiff knows or has reason to know of the injury which is the basis of his action."). As directed, Plaintiff shall show cause why this case should not be dismissed as untimely under the applicable statue of limitations on or before December 20, 2023. Plaintiff may renew his request for permission to serve a subpoena on the New York City Police Department asking for the identities of the defendants named in the caption as Unknown Police Officers 1-10 after filing his response to the Court's order to show cause. Ordered by Judge Hector Gonzalez on 11/30/2023. (ICP)
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ORDER DISMISSING CASE pursuant to Plaintiff's Notice of Voluntary Dismissal. See ECF No. #7 . Ordered by Judge Hector Gonzalez on 11/30/2023. (ICP)
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| Filing 6 MOTION for Extension of Time to File response to OSC and for permission to serve subpoena to identify defendants named as Unknown Police Officers 1-10 by Corwin Pompey. (Tolchin, Robert) |
| Filing 5 Summons Issued as to City of New York, Unkown Police Officers 1-10. (CV) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Filing 3 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (CV) |
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ORDER TO SHOW CAUSE: On or before December 20, 2023, Plaintiff shall show cause why this case should not be dismissed as untimely under the applicable statute of limitations for the reasons stated in this Court's decision in Loeb v. Cnty. of Suffolk, No. 22-cv-6410, 2023 WL 4163117, at *2-4 (E.D.N.Y. June 23, 2023). Ordered by Judge Hector Gonzalez on 11/29/2023. (ICP)
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| Filing 2 Proposed Summons.Civil Cover Sheet.. by Corwin Pompey (Tolchin, Robert) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number BNYEDC-17323711 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Corwin Pompey. (Attachments: #1 Civil Cover Sheet) (Tolchin, Robert) |
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