Tomczyk v. New York State Unified Court System et al
| Kieth Tomczyk |
| County of Suffolk, N.Y., State Defendants John Does 1-10 and Jane Does 1-10, Theresa Mari, Esq., Jessica Tomczyk, Suffolk County 10th Judicial District, Suffolk County Defendants John Does 1-10 and Jane Does 1-10, Office of Court Administration, Sari Friedman, Esq., H. Patrick Leis, III J.S.C., Jennifer Lippman, Esq. and New York Unified Court System |
| 2:2019cv02753 |
| May 10, 2019 |
| US District Court for the Eastern District of New York |
| Joanna Seybert |
| Anne Y Shields |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 10, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 Letter from Kieth Tomczyk to Judge Seybert dated 6/3/2019 Re: In response to Assistant Attorney General Ralph Pernick's 5/31/2019 ECF letter to the Court. (Valle, Christine) |
Filing 16
ORDER DISMISSING CASE: SO ORDERED that the Complaint is DISMISSED pursuant to Federal Rule of Civil Procedure 12(h)(3) for lack of subject matter jurisdiction. Plaintiff's claims are barred by Younger abstention, the Domestic Relations exemption, the Rooker-Feldman doctrine, and immunity. Plaintiff is warned that similar, future complaints will not be tolerated. If Plaintiff persists in this course of conduct, the Court may issue an Order prohibiting Plaintiff from filing any future lawsuit relating to the State Case without first obtaining leave of Court after affording Plaintiff notice and an opportunity to be heard. Plaintiff is also cautioned that Rule 11 of the Federal Rules of Civil Procedure applies to pro se litigants, and should he file another action relating to the State Case, it is within the Court's authority to consider imposing sanctions upon him. Although Plaintiff paid the filing fee in this Court, 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 and therefore, should Plaintiff seek leave to appeal in forma pauperis, such status is DENIED for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 8 L. Ed. 2d 21 (1962). The Clerk of the Court is directed to mark this case CLOSED and to mail a copy of this Order to the pro se Plaintiff. Ordered by Judge Joanna Seybert on 6/10/2019. (CM to pro se plaintiff) (Florio, Lisa)
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| Filing 15 Letter by Jennifer Lippman, Esq. (Lockwood, Scott) |
| Filing 14 Letter by Sari Friedman, Esq. (Flanagan, Matthew) |
| Filing 13 Letter MOTION for pre motion conference to move to dismiss per FRCP 12(b)(6) by County of Suffolk, N.Y.. (Mitchell, Brian) |
| Filing 12 MOTION for pre motion conference by H. Patrick Leis, III J.S.C., New York Unified Court System, Office of Court Administration. (Pernick, Ralph) |
| Filing 11 NOTICE of Appearance by Ralph Pernick on behalf of H. Patrick Leis, III J.S.C., New York Unified Court System, Office of Court Administration (aty to be noticed) (Pernick, Ralph) |
| Filing 10 NOTICE of Appearance by Jenna Lyn Fierstein on behalf of Sari Friedman, Esq. (aty to be noticed) (Fierstein, Jenna) |
| Filing 9 NOTICE of Appearance by Matthew K. Flanagan on behalf of Sari Friedman, Esq. (aty to be noticed) (Flanagan, Matthew) |
| Filing 8 Letter from J. Grady to Kieth Tomczyk dated 5/13/2019 Re: THIS LETTER ACKNOWLEDGES RECEIPT OF YOUR CIVIL ACTION(S). DOCKET NUMBER(S) AND JUDGE(S) HAVE BEEN ASSIGNED AS INDICATED ABOVE. (Valle, Christine) |
| Filing 7 Notice of Related Case; 17-cv-3630-JS-AYS (Cox, Dwayne) |
| 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. (Cox, Dwayne) |
| Filing 5 EXHIBITS 22 through 43 by Kieth Tomczyk. Related document: #1 Complaint filed by Kieth Tomczyk. (Cox, Dwayne) |
| Filing 4 EXHIBITS 10 through 21 by Kieth Tomczyk. Related document: #1 Complaint filed by Kieth Tomczyk. (Cox, Dwayne) |
| Filing 3 EXHIBITS 1 through 9 by Kieth Tomczyk. Related document: #1 Complaint filed by Kieth Tomczyk. (Cox, Dwayne) (Main Document 3 replaced on 5/10/2019) (Cox, Dwayne). |
| Filing 2 Summons Issued as to County of Suffolk, N.Y., Sari Friedman, Esq., H. Patrick Leis, III J.S.C., Jennifer Lippman, Esq., Theresa Mari, Esq., New York Unified Court System, State Defendants John Does 1-10 and Jane Does 1-10, Suffolk County 10th Judicial District, Suffolk County Defendants John Does 1-10 and Jane Does 1-10, Jessica Tomczyk. [Defendant Office of Court Administration was not included on the summons] (Cox, Dwayne) Modified on 5/10/2019 (Cox, Dwayne). |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Kieth Tomczyk. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne) |
| FILING FEE: $ 400.00, receipt number 27688 (Cox, Dwayne) |
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