Capuano v. Braslow et al
| Anthony Capuano |
| Stephen Braslow, Raymond A. Tierney and Richard Ambro |
| 2:2024cv05486 |
| August 2, 2024 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| James M Wicks |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 11, 2024. A more recent docket listing may be available from PACER.
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Filing 14
Prisoner Authorization submitted as to Anthony Capuano. (RG)
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Order denying #12 Motion for Summary Judgment. On August 26, 2024, the plaintiff's complaint was dismissed for lack of subject-matter jurisdiction. On August 27, 2024, the Clerk of Court entered judgment closing the case. Accordingly, the Court lacks subject-matter jurisdiction over the plaintiff's motion for summary judgment, and the motion is denied. Ordered by Judge Ann M. Donnelly on 9/11/2024. (CE)
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Filing 12
MOTION for Summary Judgment by Anthony Capuano. (RG)
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Filing 11
NOTICE submitted by Anthony Caupuano plaintiff, pro se re: motion CPL 30.30; state court document attached. (RG)
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Filing 10
(DEFICIENT PRO SE FILING) CONSENT to Jurisdiction by US Magistrate Judge submitted by Anthony Capuano, plaintiff pro se, UNSIGNED. (RG)
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Filing 9
CLERK'S JUDGMENT: that plaintiff's complaints are dismissed without prejudice for lack of subject-matter jurisdiction, See Amaker v. Weiner, 179 F.3d 48, 52 (2d Cir. 1999); that pursuant to 28 U.S.C. 1915(a)(3), any appeal would not be taken in good faith; and that IFP status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S.438, 44445 (1962). Signed by Deputy Clerk, Jalitza Poveda, on behalf of Clerk of Court, Brenna B. Mahoney, on 8/27/2024. (copy of appeals packet and judgment mailed to pro se) (JP)
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Filing 13
Documents: NOTICE of motion to Acquit Habeas Corpus; Notice of motion to Acquit on conflict of Interest; Notice of motion of summary judgment; affidavit of service. Filed by Anthony Capuano. (RG) Modified on 9/16/2024 (RG). *Please note: received document today 9/16/24 in the one drive.
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Filing 8
MEMORANDUM DECISION AND ORDER. The plaintiff's complaints are dismissed without prejudice for lack of subject-matter jurisdiction. The Court will not grant the plaintiff the opportunity to amend his complaints. An amendment cannot reasonably be expected to cure the substantive defects that require dismissal now specifically, lack of subject-matter jurisdiction so granting leave at this juncture would be futile. See, e.g., Dixon v. Raymat, No. 22-CV-10910, 2023 WL 2917309, at *5 (S.D.N.Y. Apr. 11, 2023) (denying pro se plaintiff leave to amend where plaintiff's claims were barred by judicial immunity). Under these circumstances, repleading would be futile, and the complaints are dismissed without leave to amend. The Clerk of Court is respectfully directed to enter judgments, mail a copy of this Memorandum and Order to the pro se plaintiff, and note the mailing on the docket for both actions. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal would not be taken in good faith, and therefore, IFP status is denied for the purpose of any appeal. Ordered by Judge Ann M. Donnelly on 8/26/2024. (DG)
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Filing 7
Notice of Related Cases: 24-cv-1610-AMD and 24-cv-5487-AMD-JMW The Case was directly assigned as a related Pro Se/Habeas Case. (DC)
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Filing 6
Notice of Related Case: 24-cv-1610-AMD The Civil Cover Sheet filed in this civil action indicates a related case. (DC) (Main Document 6 replaced on 8/9/2024) (DC). Modified to correct related case number on 8/9/2024 (DC).
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Filing 5
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) (Main Document 5 replaced on 8/9/2024) (DC).
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Filing 4
Notice to Pay Civil Filing Fee - Prisoner Case. Pursuant to 28 U.S.C. 1915 (as amended July 26, 1996), plaintiff/petitioner is proceeding in forma pauperis and must pay the total $350 fee by monthly installments deducted from plaintiffs/petitioners prison trust fund account (or institutional equivalent). Original letter sent to the Warden/Superintendent of Correctional Facility. (Attachments: #1 PLRA Form) (DC)
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Filing 3
Prisoner Authorization (DC)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Anthony Capuano. (DC)
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Filing 1
COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Anthony Capuano. (Attachments: #1 Civil Cover Sheet) (DC)
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