Ates v. Azrack et al
Murat Ates |
Mark C. Dillon, Linda Christopher, Ruth C. Balkin, William F. Mastro, Cheryl E. Chambers, Leonard B. Austin, Robert J. Miller, Jeffrey A. Cohen, Patrick Leis, III, Lance Simon, State Of New York, Joseph W. Belluck, Catherine DeSanto, Ferdag Dilay Altiner, Jodie Corngold, Victims Information Bureau of Suffolk, Angela L. Mazzarelli, Penny Slomovitz-Glaser, Joseph J. Maltese, Paul Wooten, Alan D. Scheinkman, Francesca E. Connolly, Taa Grays, Angela G. Iannacci, Victoria Gumbs-Moore, Leslie G. Leach, Sheri S. Roman, Valerie Brathwaite Nelson, Hector D. LaSalle, Sylvia O. Hinds-Radix, Sandra L. Sgroi, Colleen Duffy, John M. Leventhal, Andrew Crecca, Reinaldo E. Rivera, Akasia Garcia Yeboah, John A. Falk, Janet DiFiore, Marvin Ray Raskin, Joan M. Azrack, L. Priscilla Hall, Betsy Barros and Paul B. Harding |
2:2020cv03590 |
August 6, 2020 |
US District Court for the Eastern District of New York |
Gary R Brown |
Anne Y Shields |
Civil Rights: Other |
42 U.S.C. ยง 1983 Civil Rights Act |
Plaintiff |
Docket Report
This docket was last retrieved on September 16, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 7 Notice of Related Cases: 20-cv-1477-JMA-AYS, 20-cv-1479-JMA-AYS, 20-cv-4334-JS-AYS and 20-cv-3729-GRB-AYS The Case was directly assigned as a related Pro Se/Habeas Case. (Cox, Dwayne) |
Filing 6 CLERK'S JUDGMENT: ORDERED AND ADJUDGED that plaintiff Murat Ates take nothing of defendants; that the complaints in CV 20-3590 and CV 20-3729 are sua sponte dismissed with prejudice as frivolous and malicious; that in forma pauperis status for the purpose of any appeal is denied; and that these cases are closed. Ordered by Clerk of Court on 8/24/2020 (CM to pro se plaintiff with an appeal packet). (Toritto, Jim) |
ELECTRONIC ORDER granting #4 Motion for Leave to Proceed in forma pauperis. Pro se plaintiff Murat Ates filed complaints in Civil Actions Nos. 20-CV-3590 and 20-CV-3729. Under both complaints, plaintiff, who describes himself as "A Free Sovereign Living Soul," sues defendants, numerous government officials and agencies and a law school, for "terrorist attacks" on American society and the U.S. Constitution. See generally 20-CV-3590 and 20-CV-3729 Docket Entries ("DE") 1. Plaintiff sues one defendant "in her personal capacity as a Zionist extremist white supremacist Satanist racist terrorist and in her official capacity as a Justice of Federal Court," and several New York State judges with similar language. 20-CV-3590 and 20-CV-3729 DE 1. The legal standards for evaluating the sufficiency of the in forma pauperis complaints under 28 U.S.C. 1915(e)(2) and the special solicitude granted to pro se litigants are discussed in this Court's opinion in Miller v. Doe, No. 20-CV-930 (GRB)(ST), 2020 WL 4616322, at *2 (E.D.N.Y. July 23, 2020), which is incorporated by reference herein. Accordingly, the in forma pauperis applications of Civil Action Nos. 20-CV-3590 and 20-CV-3729 are granted, but the complaints under Civil Action Nos. 20-CV-3590 and 20-CV-3729 are dismissed with prejudice as frivolous and malicious under 28 U.S.C. 1915(e)(2)(B)(i). See Tapia-Ortiz v. Winter, 185 F.3d 8, 11 (2d Cir. 1999) (holding a complaint is malicious when the purpose of the complaint "was not to rectify any cognizable harm, but only to harass and disparage"); Miller, 2020 WL 4616322, at *3 (collecting cases as to frivolousness of Sovereign Citizen arguments). The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). As pro se plaintiff has consented to electronic notification of the above actions, service of this Electronic Order need not be issued. The Clerk of the Court is directed to enter judgment and close the case. So Ordered by Judge Gary R. Brown on 8/20/2020. (Yim, Kevin) |
Filing 5 Pro Se Consent to Electronic Notification by Murat Ates - Email added to docket (Tirado, Chelsea) |
Filing 3 Notice of Related Cases: 20-cv-1477-JMA-AYS and 20-cv-1479-JMA-AYS. The Civil Cover Sheet filed in this civil action indicates a related case. (Cox, Dwayne) |
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. (Cox, Dwayne) |
Filing 4 MOTION for Leave to Proceed in forma pauperis by Murat Ates. (Cox, Dwayne) |
Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Murat Ates. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Notice to Attorney General, #9 Civil Cover Sheet) (Cox, Dwayne) |
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