Weir v. Federally Funded Agencies/Entities and Its Agents et al
| Nicholas Weir |
| James Parducci, J. Saab, Frederick Schaffer, The City of New York, John Doe(s), Former Attorney General of New York State, Jane Doe(s), The State of New York Funded Agencies/Entities and Its Agents, Eric Schneiderman, United States of America, Cuny Vice Chancellor of Legal Affairs, Edward Curtis, Jr., Roselin Anacacy, Federally Funded Agencies/Entities and Its Agents and Assistant Attorney General |
| 2:2018cv04335 |
| July 31, 2018 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joseph F Bianco |
| Gary R Brown |
| Anne Y Shields |
| Arthur D Spatt |
| Civil Rights: Other |
| 28 U.S.C. § 1442 Notice of Removal |
| None |
Docket Report
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Filing 13
ORDER finding as moot #4 Motion for Leave to Allow Pro Se to Electronically File; denying #8 Motion to Amend/Correct/Supplement; denying #9 Motion for Reconsideration ; terminating #10 Motion to Compel. For the reasons set forth above, plaintiffs complaint is sua sponte dismissed as frivolous Given the dismissal of the complaint, plaintiffs order to show cause and other pending motions are denied. The Clerk of Court is directed to mail a copy of this Order to plaintiff and close this case. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that, should plaintiff seek leave to appeal in forma pauperis, any appeal from this Order would not be taken in good faith, and in forma pauperis status is therefore denied for the purpose of any appeal. Ordered by Judge Joseph F. Bianco on 9/21/18. (Bollbach, Jean)cm by chambers
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| Filing 12 Mail Returned as Undeliverable; Copy of #6 Order sent to Nicholas Weir marked as return to sender, vacant, unable to forward. (Cubano, Jazmin) |
| Filing 11 AFFIDAVIT/AFFIRMATION of Service by Nicholas Weir. (Cubano, Jazmin) |
| Filing 10 MOTION to Compel the Court to expedite Motion to Amend, Motion to Reconsider, and Motion to participate in ECF by Nicholas Weir. (Cubano, Jazmin) |
| Filing 9 MOTION for Reconsideration of Order to Remand to State Court by Nicholas Weir. (Attachments: #1 Memorandum in Support) (Cubano, Jazmin) |
| Filing 8 MOTION to Amend/Correct/Supplement Complaint by Nicholas Weir. (Cubano, Jazmin) |
| Filing 7 Unsigned/Proposed Order to Show Cause by Nicholas Weir. (Tirado, Chelsea) |
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Filing 6
ORDER: IT IS HEREBY ORDERED that plaintiff's opposition to removal, which this Court broadly construes as a motion to remand, is denied. The Court determines that this action was properly removed to this Court under 28 U.S.C. 1441,1442(a)(l), and 1446. Section 1442(a)(l) authorizes removal of suits against "[t]he United States or any agency thereof or any officer (or any person acting under that officer) of the United States or any agency thereof, in an official or individual capacity, for or relating to any act under color of such office." This case was therefore properly removed under this statute because it names, among other parties, the United States and "Federally Funded Agencies/Entities and Its Agents" as defendants. In addition, removal was proper under 28 U.S.C. 144l(a), which provides for removal of actions of which the Court would have original jurisdiction, given that this Court has federal question jurisdiction under 28 U.S.C. 1331 over plaintiff's federal constitutional and statutory claims.2 Finally, the fact that state law claims are also contained in the complaint does not preclude removal, and the Court may exercise supplemental jurisdiction over plaintiff's state law claims under 28 U.S.C. 1367 if they arise from the same case or controversy as plaintiffs federal claims. Ordered by Judge Joseph F. Bianco on 8/15/2018. (CM to pro se plaintiff by chambers) (Florio, Lisa)
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| Filing 5 EXPEDITE MOTION to Compel the Court to expedite that plaintiff's #3 motion in opposition to the Notice of Removal by Nicholas Weir. (Florio, Lisa) |
| Filing 4 Letter MOTION for leave to allow Pro Se to Electronically File by Nicholas Weir. (Coleman, Laurie) |
| Filing 3 AFFIDAVIT/AFFIRMATION in Opposition to Defendant's Motion dated 7/31/2018 made by Diane C. Leonardo. Filed by Nicholas Weir. (Coleman, Laurie) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Joseph F. Bianco and Magistrate Judge Gary R. Brown for all further proceedings. Judge Arthur D. Spatt, Magistrate Judge Anne Y. Shields no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 8/3/2018. (Bowens, Priscilla)
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| Filing 2 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. (Landow, Concetta) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Court of the State of NY, County of Nassau, case number 608841/2018. Disclosure Statement on Civil Cover Sheet completed -no (Attachments: #1 Exhibit, #2 Notice of Filing of Notice of Removal, #3 Civil Cover Sheet) (Landow, Concetta) |
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