Kendall v. Cuomo et al
| Cyrill N. Kendall |
| Andrew M. Cuomo, Brian Fischer, William J. Connolly, A. Maume, A. Pelc, K. Klein, John Doe # 1 and John Doe # 2 |
| 1:2012cv03438 |
| April 30, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Ronald L. Ellis |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
154
OPINION AND ORDER. The Court grants Defendants' motion for summary judgment. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 9/19/17) (yv)
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Filing
93
OPINION re: 70 MOTION that the Court issue an order of perjury filed by Cyrill N. Kendall. For the reasons set forth above, Kendall's Motion for an Order of Perjury is DENIED. This resolves Docket Number 70. (Signed by Magistrate Judge Ronald L. Ellis on 2/6/2014) (cd)
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Filing
63
ORDER AND OPINION: With the exception of Claim 11, Defendant's motion to dismiss the Amended Complaint is denied so that a factual record may be developed. The motion to dismiss the Amended Complaint (Dkt. No. 43) is DENIED for Claims 1-10 and G RANTED for Claim 11. Because no facts have been established to date, Kendall's motion for summary judgment (included with his affirmation in opposition to defendants' motion to dismiss) (Dkt. No. 53) is also DENIED without prejudice to renew once discovery has been completed. (Signed by Judge Andrew L. Carter, Jr on 9/27/2013) Copies Mailed By Chambers. (tn)
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Filing
62
ORDER AND OPINION: "Having obtained a default, a plaintiff must next seek a judgment by default under Rule 55(b)." Green, 420 F.3d at 104. In this district, the party seeking default judgment must attach to their motion the clerk's cer tificate of default and a proposed default judgment form. S.D.N.Y. Local Rule 55.2(b). Notably, Kendall has not sought, nor been issued, a certificate of default from the Clerk of the Court. Therefore, he did not meet the first step for obtaining an entry of default judgment and his motion must be denied. See Dunkin' Donuts Franchised Rests. LLC v. Got-A-Lot-A Dough,Inc., 2008 WL 4861968, *4 (E.D.N.Y. Oct. 31, 2008) (denying, without prejudice, The Court certifies pursuant to 28 U.S.C. 7; 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied. See Coppedge v. United States, 369 U.S. 438 (1962). (Signed by Judge Andrew L. Carter, Jr on 9/26/2013) Copies Mailed By Chambers. (js) Modified on 9/26/2013 (js).
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