Best v. A.C.S. et al
| Bishop Frank Best |
| Lutheran Social Services, Episcopal Social Services and A.C.S. |
| 1:2012cv07874 |
| October 22, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Unassigned |
| Civil Rights: Other |
| 15 U.S.C. ยง 1331 Federal Cigarette Labeling & Advertising Act |
| Plaintiff |
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Filing
110
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 105 Report and Recommendations. For the reasons stated above, IT IS HEREBY ORDERED THAT Judge Netburn's Report is adopted in its entirety and Plaintiffs amended complaint is dismissed with prejudi ce. Accordingly, the Clerk of the Court is respectfully requested to terminate the motions at Doc. Nos. 56, 60, and 86, and to close the case. The Court also certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would no t be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Richard J. Sullivan on 1/15/2013) Copies Mailed By Chambers. (ama)
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Filing
93
OPINION AND ORDER: On August 21, 2013, the Court received a letter from pro se plaintiff Bishop Frank Best. The Court views this letter as Best's attempt to update the Court as to Family Court proceedings, as was requested during the March 21, 2 013 Initial Pre-Trial Conference. For clarity's sake, the Court stresses that this letter will not be viewed as additional briefing on defendants' pending motions to dismiss. These motions are now fully briefed and, accordingly, the Court e xpects that defendants will promptly submit courtesy copies of the motion papers - in well-organized three ring binder(s) - as set forth in my Individual Rules of Practice. (Signed by Magistrate Judge Sarah Netburn on 8/26/2013) Copies Sent By Chambers. (ja)
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Filing
78
OPINION AND ORDER re: 76 APPLICATION for the Court to Request Counsel, filed by Bishop Frank Best. By letter dated March 21, 2013, pro se plaintiff Bishop Frank Best moved the Court to grant his request for pro bono counsel. By order dated March 2 5, 2013, the Court denied that request. By application dated June 14, 2013, Best again requests appointment of pro bono counsel. For the reasons discussed herein, the motion is denied without prejudice. The Clerk of Court is directed to terminate the motion pending at Docket No. 76. (Signed by Magistrate Judge Sarah Netburn on 6/17/2013) Copies Sent By Chambers. (ja)
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Filing
51
ORDER ADOPTING REPORT AND RECOMMENDATION for 40 Report and Recommendations. After reviewing the record, the Court finds that Judge Netburn's well-reasoned Report is not facially erroneous. Accordingly, the Court adopts the Report in its entir ety and, for the reasons set forth therein, DENIES Plaintiff's motion for a preliminary injunction concerning his visitation rights. Because Plaintiff's request was never docketed as a "Motion" on ECF, there is no motion to termin ate. Nonetheless, the Clerk of the Court is respectfully requested to note that this Order disposes of the request for a preliminary injunction made by Plaintiffs at Doc. Nos. 16 and 17. (Signed by Judge Richard J. Sullivan on 4/10/2013) Copies Sent By Chambers. (tro)
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Filing
50
OPINION AND ORDER: On April 5, 2013, pro se plaintiff Bishop Frank Best filed an amended complaint pursuant to the Courts March 21, 2013 Order. After reviewing the amended complaint, the Court believes that Best's filing is more properly underst ood as a supplemental pleading brought pursuant to Federal Rule of Civil Procedure 15(d). Thus, if defendants move to dismiss Best's case, they should address the October 22, 2012 complaint, (Docket Number (Doc. No.) 2), and any pleadings in the April 5, 2013 filing, (Doc No. 49), that supplement the complaint. The Clerk of Court is directed to alter Doc. No. 49 to reflect that it is a Supplemental Pleading, and not an Amended Complaint. (Signed by Magistrate Judge Sarah Netburn on 4/8/2013) Copies Mailed By Chambers. (tro)
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Filing
48
OPINION AND ORDER: By letter dated March 21, 2013, pro se plaintiff Bishop Frank Best moves the Court to grant his request for pro bono counsel. For the reasons set forth herein, the motion is denied without prejudice. Here, Best filed this action, s eemingly pursuant to 42 U.S.C. § 1983, alleging that defendants improperly removed his children from his custody and requesting their return. The merits of Best's case are not so apparent as to warrant the appointment of counsel. It is clea r, moreover, that Best's search to obtain counsel has not been exhaustive. Accordingly, the Court denies Best's application without prejudice and leave to renew after the Court has ruled on defendants' anticipated motion to dismiss. (Signed by Magistrate Judge Sarah Netburn on 3/25/2013) Copies Sent By Chambers. (ja)
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