Colliton v. Bunt et al
| James Patrick Colliton |
| Kelly Bunt, Information Verification Service, Inc., Dutchess County Office of Probation and Community Corrections, Family Services, Inc., Louis Criscella, Brian Doyle, Margaret Calista, Carla Tesoro, Mary Ellen Still, Jeffrey Walraven and Timothy Meester |
| 7:2015cv06580 |
| August 19, 2015 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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| Filing 61 MANDATE of USCA (Certified Copy) as to #57 Notice of Appeal filed by James Patrick Colliton. USCA Case Number 17-942. Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/06/2018. (nd) |
| First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #59 Order, #60 Clerk's Judgment, USCA Case Number 17-0942, were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 60 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated May 26, 2017, although it seems clear from what Plaintiff wrote on the April 3 notice of appeal that he has decided not to seek to amend and rather prefers to appeal from December 27, 2016 order, the Court has, in an excess of caution, waited more than seven (7) calendar days from the issuance of the Court of Appeals' mandate. Having received no motion to amend, and there being no further reason to delay, judgment is entered for Defendants: accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 05/30/2017) (Attachments: #1 Right to Appeal, #2 Right to Appeal) The Clerks Office Has Mailed Copies. (km) |
| Mailed a copy of #59 Order,, #60 Clerk's Judgment to James Patrick Colliton, 18 White Gate Rd., Condo K, Wappingers Falls, NY 12590. (rro) |
| Transmission to Docket Assistant Clerk. Transmitted re: #60 Clerk's Judgment to the Docket Assistant Clerk for case processing. (km) |
Filing 59
ORDER: Although it seems clear from what Plaintiff wrote on the April 3 notice of appeal that he has decided not to seek to amend and rather prefers to appeal from December 27, 2016 order, I have, in an excess of caution, waited more than seven (7) calendar days from the issuance of the Court of Appeals' mandate. Having received no motion to amend, and there being no further reason to delay, the Clerk of Court is respectfully directed to enter judgment for Defendants and close the case. (Signed by Judge Cathy Seibel on 5/26/2017) (mml)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #59 Order to the Judgments and Orders Clerk. (mml) |
| Filing 58 MANDATE of USCA (Certified Copy) as to #52 Notice of Appeal filed by James Patrick Colliton. USCA Case Number 17-015. Appellees, through counsel, move to dismiss the appeal. This Court has determined that it lacks jurisdiction over this appeal because a final order has not been issued by the district court as contemplated by 28 U.S.C. 1291. See Coopers & Lybrand v. Livesay, 437 U.S. 463, 467 (1978); Slayton v. Am. Exp. Co., 460 F.3d 215, 224 (2d Cir. 2006). Upon due consideration, it is hereby ORDERED that Appellees' motion is GRANTED and the appeal is DISMISSED... Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 5/9/2017. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #57 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #57 Notice of Appeal filed by James Patrick Colliton were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 57 NOTICE OF APPEAL from #51 Memorandum & Opinion. Document filed by James Patrick Colliton. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
| Appeal Fee Not Required for #57 Notice of Appeal. Appeal filed In Forma Pauperis. (tp) |
| Appeal Remark as to #57 Notice of Appeal filed by James Patrick Colliton. APPEAL FEE GRANTED 08/25/2015. (tp) |
| Mailed a copy of #56 Memo Endorsement to James Patrick Colliton, 18 White Gate Rd., Condo K, Wappingers Falls, NY 12590. (anc) |
| Transmission to Docket Assistant Clerk. Transmitted re: #56 Memo Endorsement, to the Docket Assistant Clerk for case processing. (yv) |
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Filing 56
MEMO ENDORSEMENT on re: #55 Letter Requesting plaintiff be directed not to file a motion for leave to file a fourth amended complaint, filed by Jeffrey Walraven, Timothy Meester. ENDORSEMENT: Mr. Posner is correct that it makes no sense for Plaintiff to simultaneously pursue the appeal and the amendment. He is also correct that the appeal is likely to be dismissed. If that occurs before February 28, 2017, Plaintiff should move to amend as scheduled (if he still wishes to amend -- he may prefer to forego his option to move to amend and instead have a final judgment of dismissal entered so that he can appeal). If the appeal is still pending, Plaintiff should not file the motion to amend as scheduled but rather await a ruling from the Court of Appeals. Once the appeal is over (one way or another) and the case returned to this Court, Plaintiff should (unless my ruling is reversed) file his motion to amend within 7 calendar days. So Ordered. (Signed by Judge Cathy Seibel on 1/6/17) (yv)
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| Filing 55 LETTER addressed to Judge Cathy Seibel from David L. Posner, Esq. dated January 6, 2017 re: Requesting plaintiff be directed not to file a motion for leave to file a fourth amended complaint. Document filed by Timothy Meester, Jeffrey Walraven.(Posner, David) |
| Transmission to Docket Assistant Clerk. Transmitted re: #53 Endorsed Letter, Set Deadlines, to the Docket Assistant Clerk for case processing. (yv) |
| Mailed a copy of #53 Endorsed Letter, to James Patrick Colliton. (vj) |
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Filing 53
ENDORSED LETTER addressed to Judge Cathy Seibel from James Colliton dated 12/29/16 re: request until February 28, 2017 to comply with the Court's Dec. 27, 2016 order. ENDORSEMENT: Application Granted. So Ordered., (Motions due by 2/28/2017.) (Signed by Judge Cathy Seibel on 1/3/17) (yv)
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| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #52 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #52 Notice of Appeal filed by James Patrick Colliton were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 54 PRO SE MEMORANDUM dated 12/27/16 re: CHANGE OF ADDRESS for James Patrick Colliton. New Address: 18 White Gate Road, Condo K, Wappinger Falls, New York, 12590. (sc) |
| Filing 52 NOTICE OF APPEAL from #51 Memorandum & Opinion. Document filed by James Patrick Colliton. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
| Appeal Fee Not Required for #52 Notice of Appeal. Appeal filed In Forma Pauperis. (tp) |
| Appeal Remark as to #52 Notice of Appeal filed by James Patrick Colliton. IFP GRANTED 08/25/2015. (tp) |
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Filing 51
OPINION & ORDER: Defendants' Motions to Dismiss are GRANTED. The Clerk of Court is respectfully directed to terminate the pending Motions. (Docs. 32, 47.) This case will be closed unless a formal motion to amend is made by January 13, 2017. SO ORDERED. (Signed by Judge Cathy Seibel on 12/27/2016) (lnl)
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| Transmission to Docket Assistant Clerk. Transmitted re: #51 OPINION & ORDER, to the Docket Assistant Clerk for case processing. (lnl) |
| Mailed a copy of #51 Memorandum & Opinion to James Patrick Colliton, 160 North Clinton Street, Poughkeepsie, NY 12601. (anc) |
| Filing 50 REPLY MEMORANDUM OF LAW in Support re: #47 MOTION to Dismiss . . Document filed by Kelly Bunt. (Attachments: #1 Affidavit Affidavit of Service of Reply Memorandum)(Klein, Daniel) |
| Filing 49 MEMORANDUM OF LAW in Support re: #47 MOTION to Dismiss . . Document filed by Kelly Bunt. (Attachments: #1 Exhibit Third Amended Complaint, #2 Exhibit Rodas v. Family Services, Inc., et al, 14cv3856 (SDNY 2014), #3 Affidavit Affidavit of Service of Notice of Motion, #4 Affidavit Affidavit of Service of Memorandum of Law in Support)(Klein, Daniel) |
| Filing 48 AFFIDAVIT of Daniel L. Klein in Support re: #47 MOTION to Dismiss .. Document filed by Kelly Bunt. (Klein, Daniel) |
| Filing 47 MOTION to Dismiss . Document filed by Kelly Bunt. Responses due by 7/25/2016(Klein, Daniel) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Daniel Lewelyn Klein to RE-FILE Document #41 MOTION to Dismiss . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Daniel Lewelyn Klein to RE-FILE Document #42 Memorandum of Law in Support of Motion, #43 Reply Memorandum of Law in Support of Motion. ERROR(S): Document(s) linked to filing error(s). (db) |
| Filing 46 LETTER addressed to Judge Cathy Seibel from Daniel L. Klein dated July 12, 2016 re: Letter to James Patrick Colliton. Document filed by Kelly Bunt.(Klein, Daniel) |
| Filing 45 LETTER addressed to Judge Cathy Seibel from Daniel L. Klein dated July 7, 2016 re: Enclosing motion papers. Document filed by Kelly Bunt.(Klein, Daniel) |
| Filing 44 NOTICE of Notice to Pro Se Litigant who Opposes a rule 12 Motion Supported by Matters Outside the Pleadings. Document filed by Kelly Bunt. (Attachments: #1 Affidavit Affidavit of Service)(Klein, Daniel) |
| Filing 43 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: #32 MOTION to Dismiss . . Document filed by Kelly Bunt. (Attachments: #1 Affidavit Affidavit of Service)(Klein, Daniel) Modified on 8/12/2016 (db). |
| Filing 42 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #32 MOTION to Dismiss . . Document filed by Kelly Bunt. (Attachments: #1 Affidavit Affidavit of Service)(Klein, Daniel) Modified on 8/12/2016 (db). |
| Filing 41 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by Kelly Bunt. (Attachments: #1 Affidavit Affidavit in Support of Motion, #2 Exhibit Third Amended Complaint, #3 Exhibit Rodas v. Family Services, Inc., et al, 14cv3856 (SDNY 2014), #4 Affidavit Affidavit of Service NOM and Aff in Support with Exhibits)(Klein, Daniel) Modified on 8/12/2016 (db). |
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Filing 40
ENDORSED LETTER addressed to Judge Cathy Seibel from James Patrick Colliton dated 8/10/16 re: violation of Rule 11, request for sanctions and request to file a Fourth Amended Complaint. ENDORSEMENT: Defendants were required to send Plaintiff the notice discussed herein, and Defendants' issue is not that Plaintiff submitted an affidavit, but with content therein that is allegedly not in the Third Amended Complaint. The Court will assess how much, if any, of Plaintiff's affidavit to consider, along with whether Plaintiff may amend his complaint, when it decides the pending motion to dismiss. So Ordered. (Signed by Judge Cathy Seibel on 8/11/16) (yv)
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| Transmission to Docket Assistant Clerk. Transmitted re: #40 Endorsed Letter, to the Docket Assistant Clerk for case processing. (yv) |
| Mailed a copy of #40 Endorsed Letter, to James Patrick Colliton. (vj) |
| Filing 39 AFFIDAVIT OF SERVICE of Reply Memorandum of Law served on James Patrick Colliton and Goldberg Segalla LLP on August 8, 2016. Service was made by Mail. Document filed by Timothy Meester, Jeffrey Walraven. (Posner, David) |
| Filing 38 REPLY MEMORANDUM OF LAW in Support re: #32 MOTION to Dismiss . . Document filed by Timothy Meester, Jeffrey Walraven. (Posner, David) |
| Filing 37 AFFIDAVIT OF SERVICE of Memorandum of Law served on James Patrick Colliton and Goldberg Segalla LLP on June 24, 2016. Service was made by Mail. Document filed by Timothy Meester, Jeffrey Walraven. (Posner, David) |
| Filing 36 AFFIDAVIT OF SERVICE of Notice of Motion and Supporting Papers served on James Patrick Colliton and Goldberg Segalla LLP on June 24, 2016. Service was made by Mail. Document filed by Timothy Meester, Jeffrey Walraven. (Posner, David) |
| Filing 35 MEMORANDUM OF LAW in Support re: #32 MOTION to Dismiss . . Document filed by Timothy Meester, Jeffrey Walraven. (Posner, David) |
| Filing 34 NOTICE of Rule 12 Notice to Pro Se Plaintiff re: #32 MOTION to Dismiss .. Document filed by Timothy Meester, Jeffrey Walraven. (Posner, David) |
| Filing 33 AFFIDAVIT of David L. Posner, Esq. in Support re: #32 MOTION to Dismiss .. Document filed by Timothy Meester, Jeffrey Walraven. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Posner, David) |
| Filing 32 MOTION to Dismiss . Document filed by Timothy Meester, Jeffrey Walraven.(Posner, David) |
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Filing 31
MEMO ENDORSEMENT on re: #30 Letter requesting an extension of time to serve and file reply in support of motion, filed by Kelly Bunt. ENDORSEMENT: Application granted. Reply papers due 8/12/16. So Ordered. (Replies due by 8/12/2016.) (Signed by Judge Cathy Seibel on 8/2/16) (yv)
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| Filing 30 LETTER addressed to Judge Cathy Seibel from Daniel L. Klein dated August 1, 2016 re: Extension of time to serve and file reply in support of motion. Document filed by Kelly Bunt.(Klein, Daniel) |
| Transmission to Docket Assistant Clerk. Transmitted re: #31 Memo Endorsement, Set Deadlines, to the Docket Assistant Clerk for case processing. (yv) |
| Mailed a copy of #31 Memo Endorsement, Set Deadlines, to James Patrick Colliton 160 North Clinton Street Poughkeepsie, NY 12601. (ca) |
| Filing 29 MEMORANDUM OF LAW IN OPPOSITION TO THE DEFENDANTS' MOTION TO DISMISS; re: #14 LETTER MOTION for Conference (pre-motion) addressed to Judge Cathy Seibel from David L. Posner, Esq. dated January 26, 2016.. Document filed by James Patrick Colliton. (sc) |
| Filing 28 NOTICE OF APPEARANCE by Jonathan M Bernstein on behalf of Kelly Bunt. (Attachments: #1 Affidavit)(Bernstein, Jonathan) |
| Filing 27 THIRD AMENDED COMPLAINT; re: amending #22 Amended Complaint against Kelly Bunt, Timothy Meester, Jeffrey Walraven with JURY DEMAND.Document filed by James Patrick Colliton. Related document: #22 Amended Complaint, filed by James Patrick Colliton.(sc) |
| Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 3/30/2016. Third Amended Complaint to be filed 5/11/16. Motion to dismiss 6/24/16; opposition 7/25/16; Reply 8/8/16. Serve each other and send courtesy copies to chambers. Defendant is responsible for filing everything on date Reply due. See transcript. (Court Reporter Angela O'Donnell) (aca) |
| Filing 26 LETTER addressed to Judge Cathy Seibel from DANIEL L.KLEIN dated 03/24/2016 re: In Response to Plaintiff's Second Amended Complaint. Document filed by Kelly Bunt.(Klein, Daniel) |
| Filing 25 LETTER addressed to Judge Cathy Seibel from David L. Posner, Esq. dated March 24, 2016 re: Walraven and Meester's pre-motion letter addressed to SAC. Document filed by Timothy Meester, Jeffrey Walraven.(Posner, David) |
| Mailed a copy of #24 Memo Endorsement, Set Deadlines/Hearings, to James Patrick Colliton 160 North Clinton Street Poughkeepsie, NY 12601. (ca) |
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Filing 24
MEMO ENDORSEMENT on #23 LETTER addressed to Judge Cathy Seibel from David L. Posner, Esq. dated March 17, 2016 re: Plaintiff's Second Amended Complaint. ENDORSEMENT: I'm not sure I said Plaintiff could not add new claims. I think it just didn't come up. Nevertheless, Plaintiff should have let us know if he was contemplating anything beyond what was discussed at the conference. We will have another conference on 3/30/16 at 10:30 am. If Defendants want to move to dismiss the new claims, they should submit a pre-motion letter by 3/24/16 and Plaintiff should respond by 3/27/16. In the meantime, the previously set motion schedule is suspended and will be re-set after the conference. SO ORDERED. (Status Conference set for 3/30/2016 at 10:30 AM before Judge Cathy Seibel) (Signed by Judge Cathy Seibel on 3/17/16) (lnl)
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| Transmission to Docket Assistant Clerk. Transmitted re: #24 Memo Endorsement, to the Docket Assistant Clerk for case processing. (lnl) |
| Filing 23 LETTER addressed to Judge Cathy Seibel from David L. Posner, Esq. dated March 17, 2016 re: Plaintiff's Second Amended Complaint. Document filed by Timothy Meester, Jeffrey Walraven.(Posner, David) |
| Filing 22 (Second) AMENDED COMPLAINT amending #4 Amended Complaint, against Kelly Bunt, Timothy Meester, Jeffrey Walraven with JURY DEMAND.Document filed by James Patrick Colliton. Related document: #4 Amended Complaint, filed by James Patrick Colliton.(sc) Modified on 3/10/2016 (sc). |
| Filing 21 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint, served. Jeffrey Walraven served on 1/26/2016, answer due 2/16/2016. Service was accepted by Thomas Morris, Deputy Dir. Document filed by James Patrick Colliton. (sc) |
| Filing 20 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint, served. Timothy Meester served on 1/26/2016, answer due 2/16/2016. Service was accepted by Thomas Morris, Deputy Director. Document filed by James Patrick Colliton. (sc) |
| Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 2/9/2016. Plaintiff to file Second Amended Complaint 3/10/16. Motion to dismiss, or Answer 4/11/16; opposition 5/11/16; reply 5/25/16. See transcript. (Court Reporter Mary Staten) (aca) |
| Filing 19 AFFIDAVIT OF SERVICE of Notice of Appearance served on James Patrick Colliton on 02/08/2016. Service was made by MAIL. Document filed by Kelly Bunt. (Klein, Daniel) |
| Filing 18 NOTICE OF APPEARANCE by Daniel Lewelyn Klein on behalf of Kelly Bunt. (Klein, Daniel) |
| Filing 17 LETTER addressed to Judge Cathy Seibel from James Patrick Colliton dated 2/1/16 re: stating his position regarding Mr. Posner's Jan. 26, 2016 letter. Document filed by James Patrick Colliton.(yv) |
| Filing 16 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint, served. Kelly Bunt served on 1/15/2016, answer due 3/15/2016. Service was made by Mail, signed and returned by Michael F. Harris, Attorney. Document filed by James Patrick Colliton. (sc) |
| Mailed a copy of #15 Order on Motion for Conference, to James Patrick Colliton 160 North Clinton Street Poughkeepsie, NY 12601, by overnight Express Mail USPS# AL065349299US. (ca) |
| Mailed a copy of #15 Order on Motion for Conference, to James Patrick Colliton G.M.D.C. 160 North Clinton Street Poughkeepsie, NY 12601 by UPS Overnight Tracking# 1ZE22E532310042677. (ca) |
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Filing 15
MEMO ENDORSEMENT granting #14 Letter Motion for Conference (Pre-Motion Conference set for 2/9/2016 at 10:30 AM before Judge Cathy Seibel.) ENDORSEMENT: Application Granted. Plaintiff shall state his position in a letter of no more than three pages by 2/2/16. We will discuss this matter at a Pre-Motion Conference on 2/9/16 at 10:30 AM. The Clerk of Court is respectfully directed to send a copy of this order to plaintiff by overnight express. So Ordered. (Signed by Judge Cathy Seibel on 1/26/16) (yv)
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| Filing 14 LETTER MOTION for Conference (pre-motion) addressed to Judge Cathy Seibel from David L. Posner, Esq. dated January 26, 2016. Document filed by Timothy Meester, Jeffrey Walraven.(Posner, David) |
| Transmission to Docket Assistant Clerk. Transmitted re: #15 Order on Motion for Conference, to the Docket Assistant Clerk for case processing. (yv) |
| Filing 13 NOTICE OF APPEARANCE by Michael Frederic Harris on behalf of Kelly Bunt. (Harris, Michael) |
| Filing 12 NOTICE OF APPEARANCE by Michael Frederic Harris on behalf of Kelly Bunt, Margaret Calista, Brian Doyle, Family Services, Inc., Carla Tesoro. (Harris, Michael) |
| Filing 11 AFFIDAVIT OF SERVICE of Notice of Appearance served on James Patrick Colliton on January 6, 2016. Service was made by Mail. Document filed by Timothy Meester, Jeffrey Walraven. (Posner, David) |
| Filing 10 NOTICE OF APPEARANCE by David Lewis Posner on behalf of Timothy Meester, Jeffrey Walraven. (Posner, David) |
| Received Form U.S.M.-285 for defendant(s): Kelly Bunt, Timothy Meester, Jeffrey Walraven on 12/11/2015. Summons to be issued listing these defendants for service of #4 Amended Complaint. (sbr) |
| SUMMONS ISSUED as to Kelly Bunt, Timothy Meester, Jeffrey Walraven. (sbr) |
| FRCP 4 Service Package Hand Delivered to U.S.M.: Package hand delivered to U.S.M. on 12/14/2015 per the instructions of Judge Cathy Seibel. See #7 Order of Service. (sbr) |
| Mailed a copy of #9 Memo Endorsement, to James Patrick Colliton G.M.D.C. 160 North Clinton Street Poughkeepsie, NY 12601. (ca) |
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Filing 9
MEMO ENDORSEMENT on re: #8 Letter, filed by James Patrick Colliton. ENDORSEMENT: Whatever right Plaintiff may have to appeal my 11/5/15 order (a subject on which I express no opinion beyond what I've already stated) in not affected by what the 3 remaining defendants are served. I see no reason not to get that show on the road. Delaying for years until after a theoretical trip to the Supreme Court serves nobody's interests. Application denied. (Signed by Judge Cathy Seibel on 11/19/2015) (rj)
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| Transmission to Docket Assistant Clerk. Transmitted re: #9 Memo Endorsement, to the Docket Assistant Clerk for case processing. (rj) |
| Filing 8 LETTER addressed to Judge Cathy Seibel from James Patrick Colliton dated 11/15/2015 re: I am writing to request an extension of time pursuant to Paragraph I(E) of Your Honor's Individual Practices Rules. Document filed by James Patrick Colliton.(man) |
| FRCP 4 (Information Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 11/9/2015 via Regular Mail. The information package included: Initial Case Memo Letter, a copy of the Order of Service, United States Marshal (U.S.M.-285) forms (One For Each Defendant), a Notice of Change of Address to use if your contact information changes, a Notice about The Manual for Pro Se Litigants appearing before the Southern District of New York, Judge's individual rules, instructions on how to file a motion and opposition, instructions on filing an amended complaint, application for counsel, a consent to proceed before a Magistrate Judge. (sbr). |
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Filing 7
ORDER: Plaintiff's claims brought against Defendants Information Verification Services Inc.; Dutchess County Office of Probation and Community Corrections; Family Services, Inc.; Louis Criscella; Brian Doyle; Margaret Calista; Carla Tesoro; and Mary Ellen Still are dismissed for failure to state a claim, and each of these Defendants is dismissed from the action. 28 U.S.C. 1915(e)(2)(B)(ii). Plaintiff's claims brought under the Fifth Amendment to the United States Constitution, the Religious Land and Institutionalized Persons Act and 18 U.S.C. 1964 are dismissed. The Clerk of Court is instructed to send Plaintiff one U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for Defendants Bunt, Walraven and Meester. Defendants Walraven and Meester are directed to file an answer or to request a pre-motion conference in response to the First Amendment claim only. Discovery is stayed until after Defendants Walraven and Meester have filed an answer or requested a pre-conference. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not 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. (USM-285 Form due by 12/7/2015. Request for Issuance of Summons due by 12/7/2015.) (Signed by Judge Cathy Seibel on 11/5/2015) (lnl)
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| Filing 5 ANSWER to #4 Amended Complaint,. Document filed by Kelly Bunt, Margaret Calista, Brian Doyle, Family Services, Inc., Carla Tesoro. (Attachments: #1 Notice to Take Deposition)(Harris, Michael) |
| NOTICE OF CASE ASSIGNMENT to Judge Cathy Seibel. Judge Unassigned is no longer assigned to the case. (wb) |
| Magistrate Judge Judith C. McCarthy is so designated. (wb) |
| Filing 4 AMENDED COMPLAINT amending #2 Complaint, against Kelly Bunt, Margaret Calista, Louis Criscella, Brian Doyle, Dutchess County Office of Probation and Community Corrections, Family Services, Inc., Information Verification Service, Inc., Timothy Meester, Mary Ellen Still, Carla Tesoro, Jeffrey Walraven with JURY DEMAND.Document filed by James Patrick Colliton. Related document: #2 Complaint, filed by James Patrick Colliton.(sac) |
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Filing 3
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Loretta A. Preska on 8/25/2015) (sbr)
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| Mailed a copy of #3 Order Granting IFP Application to James Colliton at 160 North Clinton Street Poughkeepsie, NY 12601. (sbr) |
| Filing 2 COMPLAINT against Kelly Bunt, Margaret Calista, Louis Criscella, Brian Doyle, Dutchess County Office of Probation and Community Corrections, Family Services, Inc., Information Verification Service, Inc., Timothy Meester, Mary Ellen Still, Carla Tesoro, Jeffrey Walraven. Document filed by James Patrick Colliton.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by James Patrick Colliton.(rdz) Modified on 8/25/2015 (rdz). |
| Case Designated ECF. (rdz) |
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