Clarke, Jr. v. County of Suffolk et al
| Roger W. Clarke, Jr. |
| All Support Magistrates & Judges of Family Court, County of Suffolk, Tammy Boertlein, Suffolk County Family Court of the State of New York, Suffolk County Child Support Enforcement Bureau, Suffolk County Department of Social Services and County of Suffolk |
| 2:2024cv07047 |
| October 7, 2024 |
| U.S. District Court for the Eastern District of New York |
| Gary R Brown |
| James M Wicks |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 4, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 5 MOTION to Reopen Case - reinstate complaint by Roger W. Clarke, Jr.. (JC) |
| Civil Case Terminated. (GO) |
ORDER DISMISSING CASE Plaintiff, who filed this action on October 7, 2024, has a lengthy litigation history in this district, including multiple lawsuits attempting to enjoin New York state courts from enforcing child support obligations against him. In 2018, in response to plaintiff's repeated vexatious filings, Judge Seybert issued a Filing Injunction ENJOINING Respondent fromfiling any new action in this Court relating to the support enforcement action pending against Respondent in State Court. Matter of a Proceeding for Support under the Fam. Ct. Act, No. 17-CV-6741 (JS)(AYS), 2018 WL 3539816, at *2 (E.D.N.Y. July 20, 2018). This Court construes that order as imposing a permanent injunction pursuant to Safir v. U.S. Lines, Inc., 792 F.2d 19 (2d Cir. 1986) and In re Martin-Trigona, 737 F.2d 1254 (2d Cir. 1984). Such an injunction does not prohibit [plaintiff] from seeking access tofederal district courts; it merely requires that he inform the court in question of pertinent facts concerning the action he seeks to bring, including the existence of the injunction order and of outstanding litigation against the named defendants, and that he obtain leave of that court to file the action. In re Martin-Trigona, 737 F.2d at 1262. Plaintiffs complaint clearly falls within the scope of Judge Seybert's 2018 injunction, as plaintiff is again seeking to enjoin the enforcement of child support obligations against him. Plaintiff has also not sought leave from this Court to file this action; even if plaintiffs complaint is construed as such a request, the Court denies plaintiff leave to file, as the current lawsuit creates the same risks of vexatious litigation that the permanent injunction was intended to address. Accordingly, the Court holds that this action was erroneously filed in contravention of Judge Seybert's injunction. The Clerk of the Court is directed to return plaintiff's filing fee, close the case, and mail a copy of this order to plaintiff. Ordered by Judge Gary R. Brown on 11/7/2024.
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| Filing 4 Pro Se Office Letter to Pro Se Litigant Acknowledging Receipt of Civil Action. (HM) |
| Filing 3 Notice of Related Cases: 17-cv-6030-JS-AYS, 17-cv-6741-JS-AYS and 18-cv-4014-JS-AYS The Civil Cover Sheet filed in this civil action indicates a related case. (DC) |
| Filing 2 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 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Roger W. Clarke, Jr.. (Attachments: #1 Exhibit # 1 through # 16, #2 Civil Cover Sheet) (DC) |
| FILING FEE: $ 405.00, receipt number 200004244 (DC) |
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