Mil'Chamot v. New York City Housing Authority et al
| Yehudah Tziyon Ke' Mil'Chamot |
| New York City Housing Authority, NYC Human Resource Administration and Center of Urban Community Services |
| 1:2015cv00108 |
| January 5, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Unassigned |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
55
OPINION AND ORDER for 52 Report and Recommendations 53 Motion to Produce filed by Yehudah Tziyon Ke'ish Mil'chamot. Careful review of the thorough and well-reasoned Report reveals that there is no facial error in its conclusions. Th e Report, which is incorporated by reference herein, is adopted without modification. The Court finds the plaintiff competent and dismisses the matter in light of the settlement agreement, with which the defendant has complied. The Clerk of Court is directed to close the motion pending at Dkt. 53 and to close this case. The parties' failure to file written objections precludes appellate review of this decision. See Caidor v. Onondaga County, 517 F.3d 601, 604 (2d Cir. 2008); Small v. Se c 'Y of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989) (per curiam). The Court therefore declines to issue a certificate of appealability, and certifies that any appeal from this order would not be taken in good faith; therefore, in forma pauper is status is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 445 (1962). (As further set forth in this Order.) (Signed by Judge Paul A. Engelmayer on 1/12/2017) (cf)
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Filing
46
OPINION AND ORDER. The Court denies NYCHA's motion to dismiss, without, of course, prejudice to NYCHA's ability, after a competency determination, to renew that motion as a motion for summary judgment. Separately, it is essential that Mil&# 039;chamot's competency be resolved promptly. The Court directs Mil'chan1ot to contact Judge Pitman's Chambers, by September 9, 2016, to reschedule the competency hearing. Failure to do so, or to attend the hearing, will result in the dismissal of the Amended Complaint, without prejudice, for failure to prosecute. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 30. So ordered. re: 30 MOTION to Dismiss Amended Complaint. filed by New York City Housing Authority. (Signed by Judge Paul A. Engelmayer on 8/26/2016) (rjm)
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Filing
37
OPINION & ORDER: For the foregoing reasons, the Court stays consideration of NYCHA's motion to dismiss pending a determination of Mil'chamot's competency and the appointment, if necessary, of a guardian ad litem. The Court refers this case to Judge Pitman for further proceedings in accordance with this Order. (As further set forth in this Order) (Signed by Judge Paul A. Engelmayer on 2/16/2016) (kl) Modified on 2/17/2016 (kl).
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Filing
29
OPINION & ORDER: For the foregoing reasons, the Court adopts the Report in its entirety. The Clerk of Court is respectfully directed to terminate the motions pending at Dkts. 22 and 23. (As further set forth in this Order) (Signed by Judge Paul A. Engelmayer on 12/14/2015) (kl)
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