Hanley v. County of Suffolk et al
| Richard Hanley |
| County of Suffolk, County of Suffolk Dept of Social Services, Frances Pierre, New York State Office of Children & Family Services Commissioner, Roberto Velez, Georgiva Clemmings and Debra Conlon |
| 2:2021cv03973 |
| July 14, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Arlene R Lindsay |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 11 CLERK'S JUDGMENT: ORDERED AND ADJUDGED that plaintiff Richard Hanley take nothing of defendants County of Suffolk, County of Suffolk Department of Social Services, Frances Pierre, New York State Office of Children & Family Services Commissioner, Roberto Velez, Georgiva Clemmings, and Debra Conlon; that defendants' motion to dismiss is granted; that plaintiff's claim is dismissed; and that this case is closed.Ordered by Clerk of Court on 9/7/2021 (CM to pro se plaintiff with an appeal packet). (Toritto, Jim) |
ORDER denying #6 Motion for Pre Motion Conference, Deeming Motion to Dismiss Filed and Granting said motion. Plaintiff has filed a complaint predicated upon the alleged false, erroneous and/or discriminatory inclusion of his name in the state sex offender registry. Annexed to and incorporated into the complaint is a letter from a state agency stating that plaintiff is under investigation based upon a report of child abuse, but in no way reflecting that the plaintiff has, in fact, been listed in the registry. Defendants move to dismiss based upon the failure to state a claim. In his complaint and his response, plaintiff does not provide any plausible allegations that he has, in fact, suffered the harm alleged. In fact, the letter annexed to the complaint explicitly sets forth, should plaintiff be found to be responsible based upon the investigation, of his right to administrative review. Therefore, the plaintiff's claim is not ripe and, notwithstanding the solicitude accorded to pro se pleadings, must be dismissed. The Clerk is directed to mail a copy of this order to plaintiff and close the case. Ordered by Judge Gary R. Brown on 9/2/2021. (Brown, Gary)
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| Filing 10 AFFIDAVIT of Service for #9 Motion for Extension of Time served on Defendants on 9/1/2021, filed by Richard Hanley. (Tirado, Chelsea) |
| Filing 9 MOTION for Extension of Time to File by Richard Hanley. (Tirado, Chelsea) |
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Filing 8
SCHEDULING ORDER: Rule 26 Meeting Report due by September 21, 2021. See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 8/18/2021. (Attachments: #1 Rule 26(f) Form) c/ecf, c/m to pltf by cert mail return receipt requested 70200640000230718671. (Imrie, Robert)
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| Filing 7 RESPONSE in Opposition re #6 Letter MOTION for pre motion conference re #1 Complaint to move for dismissal pursuant to Rule 12(b)(6) filed by Richard Hanley. (Tirado, Chelsea) |
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ORDER re #6 Letter MOTION for pre motion conference re #1 Complaint. Defendant's request for a pre-motion conference, or in the alternative a briefing schedule, for defendant's anticipated motion to dismiss pursuant to Rule 12 of the Federal Rules of Civil Procedure as well as the motion itself is respectfully referred to the assigned Magistrate Judge for a Report and Recommendation. The Clerk of the Court is respectfully directed to mail a copy of this Order to the pro se plaintiff. Ordered by Judge Gary R. Brown on 8/4/2021. (Meil, Stephen)
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| Filing 6 Letter MOTION for pre motion conference re #1 Complaint to move for dismissal pursuant to Rule 12(b)(6) by Georgiva Clemmings, Debra Conlon, County of Suffolk, Frances Pierre. (Skorupa, Stacy) |
| Filing 5 Letter from Pro Se Office to Plaintiff Richard Hanley acknowledging receipt of civil action and providing case number and Judge(s) assigned. All appropriate case opening documents included in mailing. CM 7/28/21. (Grady, Jessica) |
| Filing 4 SUMMONS Returned Executed by Richard Hanley. Georgiva Clemmings served on 7/22/2021, answer due 8/12/2021; Debra Conlon served on 7/22/2021, answer due 8/12/2021; County of Suffolk served on 7/22/2021, answer due 8/12/2021; County of Suffolk Dept of Social Services served on 7/22/2021, answer due 8/12/2021; New York State Office of Children & Family Services Commissioner served on 7/22/2021, answer due 8/12/2021; Frances Pierre served on 7/22/2021, answer due 8/12/2021; Roberto Velez served on 7/22/2021, answer due 8/12/2021. (Tirado, Chelsea) |
| Filing 3 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 2 Summons Issued as to All Defendants. (Cox, Dwayne) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Richard Hanley. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet) (Cox, Dwayne) |
| FILING FEE: $ 402.00, receipt number 31351 (Cox, Dwayne) |
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