Malave-Sykes v. Endicott Police Department et al
| Joshua Malave-Sykes |
| Endicott Police Department, Officer E. Riegel, Linda Jackson and Jessica A. Hinkle |
| 3:2023cv01215 |
| September 28, 2023 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Miroslav Lovric |
| Assault Libel & Slander |
| 28 U.S.C. ยง 1391 Personal Injury |
| None |
Docket Report
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| Document Text |
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| Filing 13 Letter to the Court from Joshua Malave-Sykes. (khr) |
| Filing 12 OBJECTION to #10 Report and Recommendations by Joshua Malave-Sykes. (khr) |
| Filing 11 NOTICE OF CHANGE OF ADDRESS by Joshua Malave-Sykes Effective Date 11/6/2023 Old Address: Endwell Motel, 3211 East Main Street, Endwell, NY 13760 New Address: Joshua Malave, c/o Derry Sykes, 70 East 115th Street, Apt. 6H, New York, NY 10029 (khr) |
Filing 10
ORDER and REPORT-RECOMMENDATION: ORDERED that Plaintiffs application to proceed in forma pauperis (Dkt. No. 2) is GRANTED; and it is further ORDERED that Plaintiffs motion to obtain an ECF login (Dkt. No. 9) is DENIED without prejudice; and it is further ORDERED that Plaintiffs motion for submission of a supplemental affidavit (Dkt. No. 7) and letter motion (Dkt. No. 8) are GRANTED to the extent that the undersigned considered the factual allegations contained therein but DENIED to the extent that those submissions sought any additional relief; and it is further respectfully RECOMMENDED that the Court DISMISS WITHOUT PREJUDICE AND WITH LEAVE TO REPLEAD Plaintiffs Complaint (Dkt. No. 1); and it is further respectfully RECOMMENDED that the Court DENY Plaintiffs motion for an order to show cause for temporary restraining order and preliminary injunction (Dkt. No. 4).( Objections to R&R due by 10/31/2023, Case Review Deadline 11/3/2023). Signed by Magistrate Judge Miroslav Lovric on 10/17/2023. (Copy served via regular mail)(khr)
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| Filing 9 Pro Se MOTION to Obtain ECF Login and Password filed by Joshua Malave-Sykes. Motions referred to Magistrate Judge Miroslav Lovric. (ztc) |
| Filing 8 Letter Motion filed by Joshua Malave-Sykes requesting ex-parte relief pursuant to FRCP 65 (d). Submitted to Magistrate Judge Miroslav Lovric. (ztc) |
| Filing 7 MOTION for Submission of Supplemental Affidavit filed by Joshua Malave-Sykes. Response to Motion due by 10/23/2023 (Attachments: #1 Supplemental Affidavit, #2 Exhibits, #3 Affidavit of Service by Mail) Motions referred to Miroslav Lovric. (khr) |
| Filing 6 TEXT ORDER referring case for initial review. Plaintiff commenced this action on September 28, 2023, pursuant to 42 U.S.C. 1983. In addition to the complaint, Plaintiff also filed a motion seeking a temporary restraining order. Having reviewed the complaint and pending motion, the Court finds that this matter should be referred to the assigned magistrate judge for an initial review of the complaint pursuant to 28 U.S.C. 1915. Although Plaintiff has sought emergency injunctive relief, the Court has serious doubts regarding whether such relief would be available in this matter for a number of reasons. For example, the motion appears to ask the Court to interfere with an ongoing state criminal case and perhaps a state court order that directed him to vacate his premises. Pursuant to Younger v. Harris, 401 U.S. 37 (1971), however, a federal court may not interfere with ongoing state criminal proceedings by granting injunctive or declaratory relief except under special circumstances. These special circumstances include showing that the state is acting in bad faith or solely for purposes of harassment, or a showing that the statute challenged is "flagrantly and patently violative of express constitutional prohibitions." Younger, 401 U.S. at 46, 53-54. Additionally, to the extent that Plaintiff is seeking damages related to an ongoing state criminal proceeding, such claims are potentially subject to dismissal pursuant to Younger and Heck v. Humphrey, since a judgment in his favor would necessarily imply the invalidity of the ongoing state criminal proceedings. Accordingly, the Court finds that this case should be referred to Magistrate Judge Lovric for an initial review prior to service of the complaint and pending motion. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 09/29/2023. (Copy served via regular mail upon plaintiff)(ban) |
| Filing 5 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (egr) |
| Filing 4 NOTICE OF MOTION FOR AN ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. filed by Joshua Malave-Sykes. Motion returnable before Judge Mae A. D'Agostino. (Attachments: #1 Proposed Order, #2 Affidavit in Support of Order to Show Cause for Temporary Restraining Order and Preliminary Injunction, #3 Memorandum of Law in Support of Application for Order to Show Cause, For Temporary Restraining Order and Injunctive Relief) (egr) |
| Filing 3 PRO SE HANDBOOK, NOTICE, and LOCAL RULES issued and explained to Joshua Malave-Sykes at time complaint was filed. (egr) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Joshua Malave-Sykes (Attachments: #1 Proposed Summons as to All Defendants) Motions referred to Miroslav Lovric. (egr) |
| Filing 1 COMPLAINT in Support of Order to Show Cause for Temporary Restraining Order and Preliminary Injunction against Endicott Police Department, Jessica A. Hinkle, Linda Jackson, E. Riegel filed by Joshua Malave-Sykes. (Attachments: #1 Exhibits, #2 Civil Cover Sheet, #3 Affidavit of Service)(egr) |
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