Hargis v. Renzi
| Delbert Wayne Hargis, Jr. |
| Eugene Renzi |
| 5:2022cv00132 |
| February 11, 2022 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Glenn T Suddaby |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on February 27, 2023. A more recent docket listing may be available from PACER.
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Filing 19
RESPONSE in Opposition re #15 First MOTION to Dismiss for Failure to State a Claim filed by Eugene Renzi filed by Delbert Wayne Hargis, Jr. (Attachments: #1 Cover Letter and Envelope)(hmr)
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Filing 18
AFFIDAVIT of Service for Notice of Motion, Memorandum of Law, Declaration served on Hargis Delbert on March 23, 2022, filed by Eugene Renzi. (Hamilton, Stacey)
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Filing 17
NOTICE TO PLAINTIFF re Motion #15 to Dismiss for Failure to State a Claim filed by Eugene Renzi. This is a dispositive motion and returnable before Chief District Judge Glenn T. Suddaby. Plaintiff's response to this motion is due to be filed by 4/12/2022. Any reply by Defendant is due to be filed by 4/19/2022. (Served plaintiff by regular mail). (sal )
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Filing 16
TEXT ORDER: In light of the filing of Motion to Dismiss #15 , the Rule 16 Initial Conference scheduled for 5/11/2022 before Magistrate Judge Miroslav Lovric and the deadlines for filing of the Civil Case Management Plan and exchange of Mandatory Disclosures are all STAYED without date. SO ORDERED by Magistrate Judge Miroslav Lovric on 3/23/2022. (Copy served on Pro Se Plaintiff via regular mail)(jdp)
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Filing 15
First MOTION to Dismiss for Failure to State a Claim filed by Eugene Renzi. Motion returnable before Judge Miroslav Lovric Response to Motion due by 4/12/2022. Reply to Response to Motion due by 4/19/2022 (Attachments: #1 Memorandum of Law, #2 Declaration) (Hamilton, Stacey)
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CLERK'S CORRECTION OF DOCKET ENTRY re #10 Affidavit of Service, #11 Affidavit of Service: Clerk added "Dkt. No. 7" to Dkt. No. #10 docket entry and added "Dkt. No. 8" to the Dkt. No. #11 docket entry. (hmr)
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Filing 14
AFFIDAVITS of Service for Civil Cover Sheet, Summons, Verified Complaint, Notice of Motion for Preliminary Injunction, Supporting Affidavit, Memorandum of Law and Notice served on Eugene Renzi and New York State Attorney General on 02/18/2022, filed by Delbert Wayne Hargis, Jr. (hmr)
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Filing 13
CIVIL CASE MANAGEMENT PLAN by Delbert Wayne Hargis, Jr. (hmr)
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Filing 12
PRO SE NOTICE returned signed by Delbert Wayne Hargis, Jr. (hmr)
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Filing 11
AFFIDAVIT of Service for Dkt. No. #8 Request for extension served on Hargis Delbert on March 7, 2022, filed by Eugene Renzi. (Hamilton, Stacey) Modified on 3/8/2022 (hmr).
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Filing 10
AFFIDAVIT of Service for Dkt. No. #7 Notice of Appearance served on Hargis Delbert on March 7, 2022, filed by Eugene Renzi. (Hamilton, Stacey) Modified on 3/8/2022 (hmr).
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Filing 9
TEXT ORDER: Letter Motion #8 is GRANTED insofar as and to the extent that Defendant is directed to respond to the complaint by 3/31/2022. SO ORDERED by Magistrate Judge Miroslav Lovric on 3/7/2022. (Copy served on Pro Se Plaintiff via regular mail)(jdp )
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Filing 8
Letter Motion from Stacey Hamilton, A.A.G. for Eugene Renzi requesting extension submitted to Judge Judge Sharpe . (Hamilton, Stacey)
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Filing 7
NOTICE of Appearance by Stacey A. Hamilton on behalf of All Defendants (Hamilton, Stacey)
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Filing 6
TEXT ORDER denying without prejudice #3 Plaintiff's motion for a preliminary injunction. Even when construed with the utmost of special liberality, Plaintiff's motion papers do not establish a likelihood of success on the merits of his parental rights claim, equal protection claim, and/or due process claim under the Fourteenth Amendment. "[T]he whole subject of the domestic relations of husband and wife, parent and child, belongs to the laws of the States and not to the laws of the United States." In re Burrus, 136 U.S. 586, 593-94 (1890). Here, "t]he Court finds that all of plaintiff's 'claims' are inextricably intertwined with the state custody agreement or decree and therefore [are] barred by the domestic relations exception." Palaniappan v. Angamuthu, 07-CV-0176, 2007 WL 2973582, at *2 (W.D.N.Y. Oct. 4, 2007); see also, e.g., McArthur v. Bell, 788 F. Supp. 706, 708-09 (E.D.N.Y. 1992) (dismissing 42 U.S.C. 1983 action for lack of subject matter jurisdiction even where the plaintiff did not ask the federal court "to alter the state court's child support modification determination," because merely deciding his constitutional allegations would require the court "to re-examine and re-interpret all the evidence brought before the state court in the domestic relations proceedings," which is contrary to the role of a federal court). Moreover, even setting aside the above-referenced jurisdictional issue, it is far from established that a violation of state law likely occurred. See, e.g., Haims v. Lehmann, 171 A.D.3d 1176 (N.Y. App. Div., 2d Dept, 2019) (awarding sole physical custody of child to aunt). Finally, even if a violation of state law likely occurred, "a state employee's failure to conform to state law does not in itself violate the Constitution and is not alone actionable under 1983." Patterson v. Coughlin, 761 F.2d 886, 891 (2d Cir. 1985). SO ORDERED by Chief Judge Glenn T. Suddaby on 2/15/2022. (Copy served upon plaintiff via regular mail) (sal )
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CLERK'S CORRECTION OF DOCKET ENTRY re #3 Motion for Preliminary Injunction: Clerk replaced attachment 1 Supporting Affidavit with a redacted version, Page 19 of the document that was replaced on 2/11/2022 contained a minor child's full name and full date of birth. (hmr)
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Filing 5
PRO SE NOTICE was mailed to Delbert Wayne Hargis, Jr for him to sign and return for filing, together with Pro Se Handbook and Local Rules via regular mail on 2/11/2022. (hmr)
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Filing 4
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/11/2022 at 01:30 PM by telephone before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/4/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) [Copy was mailed to Pro Se Plaintiff via regular mail on 2/11/2022.](hmr)
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Filing 3
MOTION for Preliminary Injunction filed by Delbert Wayne Hargis, Jr. Motion returnable before Chief Judge Glenn T. Suddaby. (Attachments: #1 Supporting Affidavit, #2 Memorandum of Law) (hmr) (Attachment 1 replaced on 2/11/2022) (hmr, ). (Attachment 2 replaced on 2/11/2022) (hmr, ). (Attachment 1 replaced on 2/14/2022) (hmr, ).
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Filing 2
Summons Issued as to Eugene Renzi. (hmr)
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Filing 1
COMPLAINT against Eugene Renzi (Filing fee $402 receipt number SYR060444) filed by Delbert Wayne Hargis, Jr. (Attachments: #1 Civil Cover Sheet, #2 Cover Letter, #3 Envelope)(hmr)
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CLERK'S CORRECTION OF DOCKET ENTRY re #3 Motion for Preliminary Injunction: Clerk replaced Attachment 1 and 2 with redacted versions, since the original filings contained a minor child's full name and full dates of birth. (hmr)
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| Plaintiff: Delbert Wayne Hargis, Jr. | |
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| Defendant: Eugene Renzi | |
| Represented By: | Stacey A. Hamilton |
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