Golston v. Cortese et al
| Cedric Golston |
| Philip V. Cortese, Matthew J. Sypniewski, Office of the Attorney General, Robert M. Carney, County of Clinton, County of Schenectady and State of New York |
| 1:2021cv00914 |
| August 13, 2021 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Glenn T Suddaby |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 7
TEXT ORDER denying #6 Plaintiff's renewed motion for a preliminary injunction. As with Plaintiff's first motion for a preliminary injunction, even when construed with the utmost of special leniency, Plaintiff's renewed motion is unsupported by a showing of either (1) a likelihood of success on the merits of Plaintiff's due process claim under the Fourteenth Amendment, his equal protection claim under the Fourteenth Amendment, or his involuntary servitude claim under the Thirteenth Amendment, or (2) sufficiently serious questions going to the merits, and a balance of hardships tipping decidedly in favor of Plaintiff. Similarly, as he did with regard to his first motion, Plaintiff has failed to allege facts plausibly suggesting (or adduce admissible record evidence establishing) the elements of those claims. Moreover, the individuals whom he has named as Defendants appear to be protected from liability as a matter of law by either the doctrine of judicial immunity or the doctrine of prosecutorial immunity. Finally, the State of New York appears to be similarly protected by the doctrine of sovereign immunity, and the counties appear similarly protected by Monell v. Dept. of Soc. Servs., 436 U.S. 658 (1978). SO ORDERED by Chief Judge Glenn T. Suddaby on 9/14/2021. (Copy served upon plaintiff via regular mail)(sal )
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Filing 6
MOTION for Preliminary Injunction filed by Cedric Golston, Pro Se. Motion returnable before Chief Judge Glenn T. Suddaby (Attachments: #1 Cover Letter, #2 Affidavit of Service, #3 Affidavit of Cedric Golston, #4 Memorandum of Law, #5 Exhibits - Complaint, #6 Exhibits A-H, #7 Envelope) (pjh, )
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Filing 5
TEXT ORDER denying without prejudice #4 Plaintiff's application for an Order to Show Cause and his motion for a preliminary injunction. Even when construed with the utmost of special leniency, Plaintiff's application for an Order to Show Cause is unsupported by an affidavit showing good cause why (1) reasonable notice to Defendants of Plaintiff's application would cause Plaintiff to suffer substantial prejudice, and (2) a briefing schedule could not be used before the Court's decision of Plaintiff's motion for a preliminary injunction, as required by N.D.N.Y. L.R. 65.1 and 7.1(e). In any event, no briefing schedule on Plaintiff's motion for a preliminary injunction need be issued, because that motion is unsupported by a showing of either (1) a likelihood of success on the merits of Plaintiff's due process claim under the Fourteenth Amendment, his equal protection claim under the Fourteenth Amendment or his involuntary servitude claim under the Thirteenth Amendment, or (2) sufficiently serious questions going to the merits, and a balance of hardships tipping decidedly in favor of Plaintiff. The Court notes that, setting aside Plaintiff's failure to allege facts plausibly suggesting (or adduce admissible record evidence establishing) the elements of those claims, the individuals whom he has named as Defendants appear to be protected from liability as a matter of law by either the doctrine of judicial immunity or the doctrine of prosecutorial immunity. Moreover, the State of New York appears to be similarly protected by the doctrine of sovereign immunity, and the counties appear similarly protected by Monell v. Dept. of Soc. Servs., 436 U.S. 658 (1978). SO ORDERED by Chief Judge Glenn T. Suddaby on 8/30/2021. (Copy served upon plaintiff via regular mail) (sal )
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Filing 4
MOTION for Preliminary Injunction by Order to Show Cause filed by Cedric Golston. Motion returnable before Chief Judge Glenn T. Suddaby. (Attachments: #1 Affidavit of Cedric Golston, #2 Memorandum of Law, #3 Exhibits A-H, #4 Exhibit-Complaint, #5 Cover Letter, #6 Envelope)(ztc, )
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Filing 3
MOTION for Leave to Proceed in forma pauperis filed by Cedric Golston (Attachments: #1 Inmate Authorization, #2 Proposed Summons as to County of Clinton, #3 Proposed Summons as to County of Schenectady, #4 Proposed Summons as to Mathew Sypniewski, #5 Proposed Summons as to Office of the Attorney General, #6 Proposed Summons as to Philip Cortese, #7 Proposed Summons as to Robert Carney) Motions referred to Christian F. Hummel. (gmd)
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Filing 2
PRO SE HANDBOOK, NOTICE, and LOCAL RULES mailed to Cedric Golston, PRO SE, on 8/13/2021. (gmd)
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Filing 1
COMPLAINT WITH JURY DEMAND against Robert M. Carney, Philip V. Cortese, County of Clinton, County of Schenectady, Office of the Attorney General, Matthew J. Sypniewski filed by Cedric Golston. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(gmd) Modified on 8/16/2021 (gmd, ).
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