Quantumiracle Un-Ltd. v. U.S. Department of Homeland Security et al
| Quantumiracle Un-Ltd. |
| U.S. Department of Homeland Security, United States Secret Service and Capital One Bank (U.S.A.), N.A. |
| 1:2024cv00347 |
| January 17, 2024 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 27, 2024. A more recent docket listing may be available from PACER.
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ORDER: On January 22, 2024, the Court directed Plaintiff, a corporation, to obtain counsel by February 12, 2024. See Jan. 22, 2024, Text Order. The Court warned Plaintiff that if its counsel did not enter an appearance by that date, it "w[ould] likely dismiss this action without prejudice." See id. The Court subsequently granted Plaintiff an extension of time until February 26, 2024, to comply with its order to obtain counsel, and warned that it "w[ould] dismiss this action without prejudice" if it failed to obtain counsel by that date. See Feb. 12, 2024, Text Order. Plaintiff has failed to obtain counsel. Instead, Plaintiff's "principal officer" Miyrak Ausar Miyka-El has filed an application for the Court to request counsel on Plaintiff's behalf, see ECF No. #6 , as well an application to proceed in forma pauperis, see ECF No. #7 . However, the Court may not appoint pro bono counsel to represent a corporate entity like Plaintiff, and both applications are DENIED. See 28 U.S.C. 1915(e)(1); McCaffrey v. Gatekeeper USA, Inc., No. 14-cv-493, 2022 WL 2668257, at *1 n.1 (S.D.N.Y. July 11, 2022).Because Plaintiff remains unrepresented, the Court dismisses this case for failure to prosecute pursuant to Rule 41(b). See Schwartzmann v. Label, LLC, 2020 WL 1034373, at *1-2 (S.D.N.Y. Jan. 22, 2020) ("Where a corporate plaintiff fails to appear by counsel, dismissal for failure to prosecute pursuant to Rule 41(b)... is appropriate." (quotation omitted)), report and recommendation adopted, 2020 WL 1033531 (S.D.N.Y. Mar. 3, 2020). Having considered the factors announced by the Second Circuit in LeSane v. Hall's Security Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001), the Court determines that dismissal is appropriate in this case because the Court has twice provided Plaintiff with unambiguous warnings regarding the possibility of dismissal, the Court has an interest in eliminating from its docket a case that may not proceed, and no lesser sanction would be effective in light of Mr. Miyka-El's representation that he has been unable to obtain a lawyer for Plaintiff. See ECF No. 6. Accordingly, the Court DISMISSES this action without prejudice. The Clerk of Court is respectfully directed to mail a copy of this order to Mr. Miyka-El and to close this case. Ordered by Judge Hector Gonzalez on 2/27/2024. (PN)
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| Filing 7 MOTION for Leave to Proceed in forma pauperis filed by Charles Curtiss-Voigt by Quantumiracle Un-Ltd.. (JVC) |
| Filing 6 Application for the Court to request counsel filed by Charles Curtiss-Voigt. (JVC) |
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ORDER: The Court previously ordered Plaintiff, a corporate entity, to obtain counsel by today, February 12, 2024. See January 22, 2024, Text Order. Plaintiff has failed to comply. Plaintiff's "principal officer," formerly known as Charles Curtiss-Voigt, and now known as Miyrak Ausar Miyka-El, moves for an extension of time to obtain counsel for Plaintiff. See ECF No. #5 . The motion is GRANTED. Plaintiff shall comply with the Court's January 22, 2024, Text Order, on or before February 26, 2024. If Plaintiff's counsel does not appear by February 26, 2024, the Court will dismiss this action without prejudice. No further extensions will be granted. The Clerk of Court is respectfully directed to mail a copy of this order to Mr. Miyka-El. Ordered by Judge Hector Gonzalez on 2/12/2024. (PN)
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| Filing 5 Letter from Charles Voight to Judge Gonzalez dated 02/09/24 re: Request an extension on the deadline for an Attorney to appear. See letter for details. (JP) |
| Filing 4 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 (AF) |
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Plaintiff Quantumiracle Un-Ltd., a "[d]omestic [c]orporation organized under the laws of New York State," brings suit against the United States Secret Service and Capital One Bank (U.S.A.), N.A. See ECF No. #1 at 1 (Complaint). The complaint is signed by Charles Curtiss-Voigt, who is described as Plaintiff's "principal officer," but the complaint does not identify Mr. Curtiss-Voigt as an attorney. See id. at 2. Unless Mr. Curtiss-Voigt is a licensed attorney, he can represent only himself, see 28 U.S.C. 1654, not Plaintiff as a corporate entity. See Rowland v. Cal. Men's Colony, 506 U.S. 194, 201-03 (1993) (collecting cases); Lattanzio v. COMTA, 481 F.3d 137, 139-40 (2d Cir. 2007) (collecting cases). Accordingly, a licensed attorney must file a notice of appearance on behalf of Plaintiff in order to proceed. If Plaintiff's counsel does not appear by February 12, 2024, the Court will likely dismiss this action without prejudice. The Clerk of Court is respectfully directed to mail a copy of this order to Mr. Curtiss-Voigt. Ordered by Judge Hector Gonzalez on 1/22/2024. (RCM)
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| Case no longer referred to Magistrate Judge Sanket J. Bulsara. (PN) |
| Filing 3 FILING FEE: $ 405.00, receipt number 100012104 |
| Filing 2 Summons Issued as to Capital One Bank (U.S.A.), N.A., U.S. Department of Homeland Security, United States Secret Service. |
| Filing 1 COMPLAINT against Capital One Bank (U.S.A.), N.A., U.S. Department of Homeland Security, United States Secret Service, filed by Charles Curtiss-Voigt. (Attachments: #1 Civil Cover Sheet) (AF) |
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