Polinski v. USA Inc. et al
| Peter J. Polinski |
| Steven Mnuchin, President Donald Trump and USA Inc. |
| 6:2020cv01534 |
| December 11, 2020 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Lawrence E Kahn |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on April 30, 2021. A more recent docket listing may be available from PACER.
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Filing 8
U.S. Postal RETURN RECEIPT received as to Peter J. Polinski, re: certified return receipt service of #6 Order on Report and Recommendations and #7 Judgment. (see)
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Filing 7
JUDGMENT: IT IS ORDERED AND ADJUDGED that in the above entitled action, the Report-Recommendation of the Honorable U.S. Magistrate Judge, Therese Wiley Dancks, filed January 12, 2021, is APPROVED and ADOPTED in its entirety; IT IS FURTHER ORDERED that the case is DISMISSED and judgment is entered in favor of the Defendants as against the Plaintiff, in accordance with the DECISION and ORDER of the Honorable Lawrence E. Kahn, U. S. District Judge, dated April 14, 2021.Copy served via regular and certified mail) (sas, )
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Filing 6
DECISION AND ORDERED, that the Report-Recommendation (Dkt. No. 5) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Plaintiffs Complaint (Dkt. No. 1) is DISMISSED without prejudice. Signed by Senior Judge Lawrence E. Kahn on April 14, 2021. (Copy served via regular and certified mail)(sas)
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Filing 5
ORDER & REPORT-RECOMMENDATION re #1 Complaint filed by Peter J. Polinski: ORDERED that Plaintiffs IFP Application (Dkt. No. 2) is GRANTED solely forpurposes of initial review; and RECOMMENDED that Plaintiffs complaint (Dkt. No. 1) be DISMISSED WITHOUT PREJUDICE AND WITH LEAVE TO AMEND. ( Objections to R&R due by 1/26/2021, Case Review Deadline 1/29/2021) Signed by Magistrate Judge Therese Wiley Dancks on 1/12/2021. (Copy served upon Peter J. Polinski via regular mail on 1/12/2021)(see)
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Filing 4
TEXT ORDER: Court has reviewed the complaint and its exhibits for the purpose of determining whether the complaint should be sealed. (Dkt. No. #1 ; Dkt. Nos. 1-1 through 1-11.) Plaintiff has requested that his complaint and exhibits be sealed and that he be permitted to proceed ex parte. (Dkt. No. 1 at 6.) The Court finds the documents are judicial documents since plaintiff has also requested to proceed in forma pauperis. (Dkt. No. #2 .) Because plaintiff seeks to proceed in forma pauperis, the Court is required to conduct an initial review of the complaint under 28 U.S.C. Section 1915(e) which directs that when a person proceeds in forma pauperis, "the court shall dismiss the case at any time if the court determines that... the action... (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. Section 1915(e)(2). Accordingly, the Court finds the documents are relevant to the performance of a judicial function and useful to the judicial process. See United States v. Amodeo, 71 F.3d 1044, 1048 (2d Cir. 1995). As such, there is a presumption of public access to the documents since they are judicial documents; however, in determining the weight of that presumption, plaintiff has provided no basis for the request to seal and proceed ex parte. The Court finds that sealing of the requested documents is not necessary to preserve higher values and the request is not narrowly tailored to achieve that aim. See Lugosch v. Pyramid, 435 F.3d 110, 124 (2d Cir. 2006). Request to seal and proceed ex parte denied. The Court will conduct an initial review under 28 U.S.C. Section 1915(e) and provide its decision to plaintiff on that review in due course. No further information is needed from the plaintiff at this time. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/14/2020. (A copy of this Text Order has been served on pro se party(ies) via regular mail.)(sg)
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TEXT NOTICE: Motion to Seal and Proceed Ex Parte contained within the #1 Complaint filed by Peter J. Polinski - referred to Magistrate Judge Therese Wiley Dancks. (A copy of this text notice has been served on pro se party via regular mail.) (sg)
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Filing 3
PRO SE HANDBOOK and NOTICE issued and explained to Peter J. Polinski at time complaint was filed. {Copy returned to pltf at the counter of the Utica Clerk's Office on 12/11/2020} (see)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Peter J. Polinski. Motions referred to Therese Wiley Dancks. (see)
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Filing 1
COMPLAINT with MOTION TO SEAL AND TO PROCEED EX PARTE against Steven Mnuchin, Donald Trump, and USA Inc. filed by Peter J. Polinski. (Attachments: #1 Exhibit List, #2 Exhibit(s) Claim of Life, #3 Exhibit(s) Last Will and Testament, #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s) Pack 2, #7 Exhibit(s) Pack 3, #8 Exhibit(s) Pack 4, #9 Exhibit(s) Pack 5, #10 Exhibit(s) Pack 6, #11 Exhibit(s) Pack 7)(see) Modified on 12/14/2020 (sg, ).
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