Styles v. Family Court - Nassau County et al
| Shivana Styles |
| Family Court - Nassau County, Dennis E. Melandro, Sadatu Salami-Oyakhilome, Esq., Tomasina Mastrianni and Attorney Alyssa Elsner |
| 2:2024cv00051 |
| January 3, 2024 |
| US District Court for the Eastern District of New York |
| Nusrat Jahan Choudhury |
| Lee G Dunst |
| Civil Rights: Other |
| 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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| Filing 9 Mail Returned as Undeliverable. Mail sent to Shivana Styles 265 Fox Hollow Rd Woodbury, NY 11797 from the Clerks Office containing a copy of 2/13/2024 Order returned on 2/27/2024. Return to sender/ Not deliverable as addressed/ Unable to forward. (AMF) |
ORDER On January 4, 2024, the Court dismissed Plaintiff's complaint without prejudice and with leave to amend because the complaint failed to allege a proper basis for this Court's subject matter jurisdiction. That deadline has since passed and Plaintiff has not filed an amended complaint. Plaintiff shall file any amended complaint by March 1, 2024. Failure to do so may result in judgment being entered in this case. The Clerk is directed to mail a copy of this order to Plaintiff. Ordered by Judge Nusrat J. Choudhury on 2/13/2024. (DE)
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| Filing 8 Letter from Pro Se Dept to pro se plaintiff Shivana Styles acknowledging receipt of civil action. (KS) |
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ORDER The Court has reviewed Plaintiff's application for leave to proceed in forma pauperis (IFP), ECF No. #2 , and grants the application. The Court has also reviewed Plaintiff's complaint, ECF No. #1 , which does not allege facts supporting this Court's subject matter jurisdiction. Diversity jurisdiction under 28 U.S.C. 1332(a) requires complete diversity among the plaintiffs and defendants. See Tagger v. Strauss Grp. Ltd., 951 F.3d 124, 126 (2d Cir. 2020); see also Herrick Co. v. SCS Commc'ns, Inc., 251 F.3d 315, 322 (2d Cir. 2001) ("[Diversity jurisdiction is available only when all adverse parties to a litigation are completely diverse in their citizenships."). Here Plaintiff does not plead a federal claim, and the parties are not diverse because Plaintiff is a citizen of New York as are Defendants Family Court - Nassau County, Dennis E. Melandro, Sadatu Salami-Oyakhilome, Tomasina Mastrianni, and Alyssa Elsner. As a result, and in light of Plaintiff's pro se status, the Court dismisses Plaintiff's complaint without prejudice and with leave to amend. Any amended complaint shall be filed by February 1, 2024. The Court notes that Plaintiff has filed two other cases whose complaints include similar allegations and also fail to allege a proper basis for subject matter jurisdiction. Plaintiff is warned that the Court will not permit her to continue to file future, similar complaints. If Plaintiff persists in this course of action, the Court will require Plaintiff to show cause why she should not first seek leave of Court before submitting future complaints. See Caldwell v. Pesce, 83 F. Supp. 3d 472, 488 (E.D.N.Y. 2015), aff'd, 639 F. App'x 38 (2d Cir. 2016). The Court encourages Plaintiff to consult with the Hofstra Law Pro Se Clinic located in the Central Islip Courthouse, which can provide free information, advice, and limited scope legal assistance to non-incarcerated pro se litigants. The Court notes that the Pro Se Clinic is not part of, nor affiliated with, the United States District Court. Consultations with the Pro Se Clinic can be conducted remotely via telephone. To make an appointment with the Pro Se Clinic, send an email to PSLAP@Hofstra.edu or leave a message at (631) 297-2575. The Clerk is directed to mail a copy of this order to Plaintiff. 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 IFP status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Nusrat J. Choudhury on 1/4/2024. (DE)
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| Email Notification Test - DO NOT REPLY. (CV) |
| Filing 7 Notice of Related Cases: 23-cv-8677-NJC-LGD and 23-cv-8679-NJC-LGD. (DC) |
| Filing 6 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 (DC) |
| Filing 5 Case transferred in from District of New York Southern; Case Number 1:23-cv-09917. Original file certified copy of transfer order and docket sheet received. |
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Filing 4
TRANSFER ORDER The Court directs the Clerk of Court to transfer this action to the United States District Court for the Eastern District of New York. 28 U.S.C. 1404(a). Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. Summonses shall not issue from this court. This order closes this action in this court. The Court certifies, under 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED (Signed by Judge Laura Taylor Swain on 12/15/2023) (jca) [Transferred from New York Southern on 1/3/2024.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) [Transferred from New York Southern on 1/3/2024.] |
| Pro Se Consent to Electronic Notification by Shivana Styles (DC) |
| MOTION for Leave to Proceed in forma pauperis see document #2 Request To Proceed In Forma Pauperis by Shivana Styles. (DC) |
| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Shivana Styles consents to receive electronic service via the ECF system. Document filed by Shivana Styles. (sac) [Transferred from New York Southern on 1/3/2024.] |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Shivana Styles. (sac) [Transferred from New York Southern on 1/3/2024.] |
| Filing 1 COMPLAINT against Alyssa Elsner, Family Court - Nassau County, Tomasina Mastrianni, Dennis E. Melandro, Sadatu Salami-Oyakhilome, Esq. Document filed by Shivana Styles. (sac) [Transferred from New York Southern on 1/3/2024.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 1/3/2024.] |
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