Chris H. v. The State Of New York et al
Plaintiff: Chris H.
Defendant: The State Of New York and Tandra L. Dawson
Case Number: 1:2017cv02902
Filed: April 21, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Ronnie Abrams
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on February 14, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 14, 2019 Opinion or Order Filing 46 Costs Taxed as to #45 USCA Mandate, USCA Case Number 18-0021. in the amount of $451.00. on 2/14/2019 in favor of The State of New York, Tandra L. Dawson, severally, jointly, in her individual capacity, in her official capacity as Judge of Supreme Court of the State of New York, Defendants - Appellees against Chris H., Plaintiff - Appellant,. (nd)
November 21, 2018 Opinion or Order Filing 45 MANDATE of USCA (Certified Copy) as to #44 Notice of Appeal filed by Chris H. USCA Case Number 18-0021. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/21/2018. (tp)
November 21, 2018 Opinion or Order Transmission of USCA Mandate/Order to the District Judge re: #45 USCA Mandate. (tp)
January 3, 2018 Opinion or Order Filing 44 NOTICE OF APPEAL from #42 Opinion & Order, #43 Clerk's Judgment,,. Document filed by Chris H.. Filing fee $ 505.00, receipt number 465401198831. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (nd)
January 3, 2018 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #44 Notice of Appeal filed by Chris H. were transmitted to the U.S. Court of Appeals. (nd)
January 3, 2018 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #44 Notice of Appeal. (nd)
December 21, 2017 Opinion or Order Filing 43 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated December 18, 2017, Defendants' motion to dismiss is granted as to Plaintiff's federal law claims and the Court declines to exercise supplemental jurisdiction over the remaining state claims. Plaintiff's other motions are denied as moot; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 12/21/2017) (Attachments: #1 Right to Appeal)(km)
December 21, 2017 Opinion or Order Transmission to Docket Assistant Clerk. Transmitted re: #43 Clerk's Judgment to the Docket Assistant Clerk for case processing. (km)
December 21, 2017 Opinion or Order Mailed a copy of #43 Clerk's Judgment to Chris H., 289 Convent Ave, #6, New York, NY 10031. (rro)
December 20, 2017 Opinion or Order Mailed a copy of #42 Memorandum & Opinion to Chris H. at 289 Convent Ave #6 New York, NY 10031. (arc)
December 18, 2017 Opinion or Order Filing 42 OPINION AND ORDER re: #11 MOTION REQUESTS FOR COURT TO TAKE JUDICIAL NOTICE (of Websites of Defendants' Alleged Bias & Dishonesty). filed by Chris H., #24 MOTION for Recusal. MOTION to Disqualify Judge. filed by Chris H., #12 MOTION to Dismiss . filed by The State Of New York, Tandra L. Dawson, #10 MOTION REQUEST FOR COURT TO TAKE JUDICIAL NOTICE (Malicious Prosecution of Plaintiff by Defendants). filed by Chris H. For the foregoing reasons, Defendants' motion to dismiss is granted as to Plaintiff's federal law claims and the Court declines to exercise supplemental jurisdiction over the remaining state claims. Plaintiff's other motions are denied as moot. The Clerk of Court is respectfully directed to terminate the motions pending at docket entries ten, eleven, twelve, twenty-four, and thirty-eight and to close the case. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/18/2017) (rj)
December 18, 2017 Opinion or Order Transmission to Judgments and Orders Clerk. Transmitted re: #42 Memorandum & Opinion, to the Judgments and Orders Clerk. (rj)
August 21, 2017 Opinion or Order Filing 41 MEMORANDUM OF LAW in Opposition re: #38 Notice (Other) Plaintiff's Request for Court to Take Judicial Notice. Document filed by Tandra L. Dawson(in her official capacity as Judge of Supreme Court of the State of New York), Tandra L. Dawson(jointly), Tandra L. Dawson(severally), Tandra L. Dawson(in her individual capacity), The State Of New York. (Attachments: #1 Certificate of Service)(Guardiola, Angel)
August 8, 2017 Opinion or Order Filing 40 AFFIDAVIT OF SERVICE of Plaintiff Requests for Court to Take Judicial Notice with Exhibits etc.; served on Hon. Tandra L. Dawson on 8/8/17. Service was made by Mail. Document filed by Chris H.. (sc)
August 8, 2017 Opinion or Order Filing 39 AFFIDAVIT OF SERVICE of Plaintiff's Request for Court to Take Judicial Notice with Exhibits etc. served on Angel M. Guardiola II on 8/8/17. Service was made by Mail. Document filed by Chris H.. (sc)
August 8, 2017 Opinion or Order Filing 38 PLAINTIFF'S REQUEST FOR COURT TO TAKE JUDICIAL NOTICE. Document filed by Chris H. (sc)
July 25, 2017 Opinion or Order Filing 37 LETTER addressed to Judge Ronnie Abrams from Angel M. Guardiola II dated July 25, 2017 re: Dismissal of Chris H. v. State of New York, 16-cv-6807 (LGS). Document filed by Tandra L. Dawson(in her official capacity as Judge of Supreme Court of the State of New York), Tandra L. Dawson(jointly), Tandra L. Dawson(severally), Tandra L. Dawson(in her individual capacity), The State Of New York. (Attachments: #1 July 5, 2017 Opinion & Order in 16-cv-6807, #2 July 6, 2017 Judgment in 16-cv-6807, #3 Certificate of Service)(Guardiola, Angel)
July 3, 2017 Opinion or Order Filing 36 MEMORANDUM OF LAW in Opposition re: #24 MOTION for Recusal. MOTION to Disqualify Judge. . Document filed by Tandra L. Dawson(in her official capacity as Judge of Supreme Court of the State of New York), Tandra L. Dawson(jointly), Tandra L. Dawson(severally), Tandra L. Dawson(in her individual capacity), The State Of New York. (Attachments: #1 Certificate of Service)(Guardiola, Angel)
June 20, 2017 Opinion or Order Filing 35 LETTER addressed to Judge Ronnie Abrams from Chris H., dated 6/19/17 re: Plaintiff writes to the Court that, as a result of the decision in People v. Moreno(70 NY 2d 403, 1987), recusal motions which would likely succeed in federal courts would fail in New York State courts; and that subsequently, Judge Dawson is not required to recuse herself for prejudice and actions of bias against this plaintiff etc. Document filed by Chris H.(sc) Modified on 6/21/2017 (sc).
June 20, 2017 Opinion or Order Filing 34 AFFIDAVIT OF SERVICE of Motion for Recusal; served on Hon. Tandra L. Dawson on 6/20/17. Service was made by Mail. Document filed by Chris H. (sc)
June 20, 2017 Opinion or Order Filing 33 AFFIDAVIT OF SERVICE of Motion for Recusal; served on Mr. Angel M. Guardiola II, Esq. o/b/o Hon. Tandra Dawson on 6/20/17. Service was made by Mail. Document filed by Chris H. (sc)
June 19, 2017 Opinion or Order Filing 32 REPLY MEMORANDUM OF LAW in Support re: #12 MOTION to Dismiss . and in Opposition to #10 & #11 Plaintiff's Motions for Judicial Notice. Document filed by Tandra L. Dawson(in her official capacity as Judge of Supreme Court of the State of New York), Tandra L. Dawson(jointly), Tandra L. Dawson(severally), Tandra L. Dawson(in her individual capacity), The State Of New York. (Attachments: #1 Certificate of Service)(Guardiola, Angel)
June 12, 2017 Opinion or Order Mailed a copy of #31 Memo Endorsement to Chris H. at 289 Convent Ave #6 New York, NY 10031. (arc)
June 8, 2017 Opinion or Order Filing 31 MEMO ENDORSEMENT on re: #30 Letter, filed by The State Of New York, Tandra L. Dawson. ENDORSEMENT: Defendants shall address Plaintiff's motions for judicial notice together with their reply to Plaintiff's opposition to the motion to dismiss, which is due on June 19, 2017. (Replies due by 6/19/2017.) (Signed by Judge Ronnie Abrams on 6/8/2017) (cf)
June 7, 2017 Opinion or Order Filing 30 LETTER addressed to Judge Ronnie Abrams from Angel M. Guardiola II dated June 7, 2017 re: Plaintiff's motions for judicial notice #10 & #11 . Document filed by Tandra L. Dawson(in her official capacity as Judge of Supreme Court of the State of New York), Tandra L. Dawson(jointly), Tandra L. Dawson(severally), Tandra L. Dawson(in her individual capacity), The State Of New York. (Attachments: #1 Certificate of Service)(Guardiola, Angel)
June 6, 2017 Opinion or Order Filing 29 ORDER re: #17 LETTER MOTION to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss addressed to Judge Ronnie Abrams from Angel M. Guardiola II dated May 18, 2017. filed by The State Of New York, Tandra L. Dawson. The Court concludes that a stay is warranted. While the scope of discovery is not yet clear, Defendants have raised strong arguments in favor of dismissal, and there is no indication that Plaintiff will be significantly prejudiced by a stay. Accordingly, discovery shall be stayed pending the Court's ruling on the motion to dismiss. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/6/17) (yv)
June 6, 2017 Opinion or Order Mailed a copy of #29 Order to Chris H. at 289 Convent Ave #6, New York, NY 10031. (arc)
June 5, 2017 Opinion or Order Filing 28 AFFIDAVIT of Chris H. IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO DISMISS; re: Opposition to #12 MOTION to Dismiss . Document filed by Chris H. (sc)
June 5, 2017 Opinion or Order Filing 27 APPENDIX TO PLAINTIFF'S MEMORANDUM OF LAW IN OPPOSITION TO THE STATE DEFENDANTS' MOTION TO DISMISS; re: to #25 Memorandum of Law in Opposition to Motion. Document filed by Chris H.(sc)
June 5, 2017 Opinion or Order Filing 26 AFFIDAVIT of Chris H. IN SUPPORT OF PLAINTIFF'S MOTION FOR THE RECUSAL & DISQUALIFICATION OF HON. TANDRA L. DAWSON; re: #24 MOTION for Recusal. MOTION to Disqualify Judge. Document filed by Chris H. (sc)
June 5, 2017 Opinion or Order Filing 25 PLAINTIFF'S MEMORANDUM OF LAW IN OPPOSITION TO THE DEFENDANT'S MOTION TO DISMISS; re: #12 MOTION to Dismiss . Document filed by Chris H. (sc)
June 5, 2017 Opinion or Order Filing 24 NOTICE OF MOTION; re: for Recusal of Hon. Tandra L. Dawson and to Disqualify Judge Tandra L. Dawson from presiding over matters of the plaintiff as a party to any action within the New York State Unified Court System. Document filed by Chris H.(sc)
June 5, 2017 Opinion or Order Filing 23 AFFIDAVIT OF SERVICE of Notice of Motion, Affidavit in Support of Plaintiff's Motion for Recusal and Disqualificaton of Hon. Tandra L. Dawson, Affidavit in Support of Plaintiff's Opposition to Defendants' Motion to Dismiss, Plaintiff's Memorandum of Law in Opposition to Defendans' Motion to Dismiss, and Appendix etc.; served on Mr. Angel M. Guardiola II, Esq. on 6/5/17. Service was made by mail. Document filed by Chris H.. (sc)
June 5, 2017 Opinion or Order Filing 22 AFFIDAVIT OF SERVICE of Notice of Motion, Affidavit in Support of Plaintiff's Motion for Recusal & Disqualification of Hon. Tandra L. Dawson, Affidavit in Support of Plaintiff's Opposition to Defendant's Motion to Dismiss, Plaintiff's Memorandum of Law in Opposition, and Appendix-Plaintiff's Memorandum of Law in Opposition to State Defendants' Motion to Dismiss; served on Hon. Justice Tandra L. Dawson on 6/5/17. Service was made by Mail. Document filed by Chris H.. (sc)
May 30, 2017 Opinion or Order Filing 21 AFFIDAVIT OF SERVICE of Affidavit in Support of Plaintiff's Opposition to Defendants' Motion to Stay Discovery served on Hon. Tandra Dawson on 5/30/17. Service was accepted by Mr. Angel M. Guardiola II, Esq. Document filed by Chris H. (sc)
May 30, 2017 Opinion or Order Filing 20 AFFIDAVIT of Chris H. IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO STAY DISCOVERY. Document filed by Chris H.. (sc)
May 30, 2017 Opinion or Order Filing 19 AFFIDAVIT OF SERVICE of Affidavit in support of Plaintiff's Opposition to Defendant's Motion to Stay Discovery served on Hon. Tandra L. Dawson on 5/30/17. Service was made by Mail. Document filed by Chris H. (sc)
May 18, 2017 Opinion or Order Filing 18 ORDER granting #17 Letter Motion to Stay. Any opposition to this request shall be submitted no later than June 2, 2017. Discovery shall be stayed pending the Court's ruling on the instant stay request. (Signed by Judge Ronnie Abrams on 5/18/2017) (cf)
May 18, 2017 Opinion or Order Filing 17 LETTER MOTION to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss addressed to Judge Ronnie Abrams from Angel M. Guardiola II dated May 18, 2017. Document filed by Tandra L. Dawson(in her official capacity as Judge of Supreme Court of the State of New York), Tandra L. Dawson(jointly), Tandra L. Dawson(severally), Tandra L. Dawson(in her individual capacity), The State Of New York. (Attachments: #1 Certificate of Service)(Guardiola, Angel)
May 18, 2017 Opinion or Order Endorsed letter dated 5/18/2017 mailed to pro se plaintiff Chris H. at 289 Convent Ave #6, New York, NY 10031. (arc)
May 18, 2017 Opinion or Order Set/Reset Deadlines: Responses due by 6/2/2017 (cf)
May 17, 2017 Opinion or Order Order dated 5/16/2017 mailed to pro se plaintiff Chris H. at 289 Convent Ave #6 New York, NY 10031. (arc)
May 16, 2017 Opinion or Order Filing 16 ORDER: The Court is in receipt of Plaintiff's motions for judicial notice and Defendants' motion to dismiss. Pursuant to Paragraph 4(A) of the Court's Special Rules & Practices in Civil Pro Se Cases, any opposition to these motions shall be due four weeks after service of the motion papers. If Defendants wish to request a stay of discovery pending resolution of the motion to dismiss, they shall submit a letter no later than May 22, 2017 setting forth the basis for their request. (Signed by Judge Ronnie Abrams on 5/16/2017) (cf)
May 15, 2017 Opinion or Order Filing 15 NOTICE of to Pro Se Litigant Who Opposes a Rule 12 Motion Supported by Matters Outside the Pleadings re: #12 MOTION to Dismiss .. Document filed by Tandra L. Dawson(in her official capacity as Judge of Supreme Court of the State of New York), Tandra L. Dawson(jointly), Tandra L. Dawson(severally), Tandra L. Dawson(in her individual capacity), The State Of New York. (Attachments: #1 Text of FRCP 56)(Guardiola, Angel)
May 15, 2017 Opinion or Order Filing 14 DECLARATION of Angel M. Guardiola II in Support re: #12 MOTION to Dismiss .. Document filed by Tandra L. Dawson(in her official capacity as Judge of Supreme Court of the State of New York), Tandra L. Dawson(jointly), Tandra L. Dawson(severally), Tandra L. Dawson(in her individual capacity), The State Of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Guardiola, Angel)
May 15, 2017 Opinion or Order Filing 13 MEMORANDUM OF LAW in Support re: #12 MOTION to Dismiss . . Document filed by Tandra L. Dawson(in her official capacity as Judge of Supreme Court of the State of New York), Tandra L. Dawson(jointly), Tandra L. Dawson(severally), Tandra L. Dawson(in her individual capacity), The State Of New York. (Guardiola, Angel)
May 15, 2017 Opinion or Order Filing 12 MOTION to Dismiss . Document filed by Tandra L. Dawson(in her official capacity as Judge of Supreme Court of the State of New York), Tandra L. Dawson(jointly), Tandra L. Dawson(severally), Tandra L. Dawson(in her individual capacity), The State Of New York. (Attachments: #1 Certificate of Service)(Guardiola, Angel)
May 12, 2017 Opinion or Order Filing 11 (Motion)PLAINTIFF'S REQUESTS FOR COURT TO TAKE JUDICIAL NOTICE (of Websites of Defendants' Alleged Bias & Dishonesty). Document filed by Chris H.(sc)
May 12, 2017 Opinion or Order Filing 10 (Motion)PLAINTIFF'S REQUEST FOR COURT TO TAKE JUDICIAL NOTICE (Malicious Prosecution of Plaintiff by Defendants). Document filed by Chris H..(sc)
May 12, 2017 Opinion or Order Filing 9 AFFIDAVIT OF SERVICE of Plaintiff's Request for Judicial Notice Malicious Prosecution of Plaintiff by Defendants; served on Mr. Angel M. Guardiola, III, Esq. on 5/12/17. Service was made by Mail. Document filed by Chris H.. (sc)
May 12, 2017 Opinion or Order Filing 8 AFFIDAVIT OF SERVICE of Plaintiff's Request for Judicial Notice of Websites of Defendants' alleged biases and dishonesty; served on Mr. Angel M. Guardiola, III, Esq. on 5/12/17. Service was made by Mail. Document filed by Chris H. (sc)
May 12, 2017 Opinion or Order Filing 7 AFFIDAVIT OF SERVICE of Plaintiff's Request for Judicial Notice of Websites of Defendants' alleged bias and dishonesty served on Hon. Tandra L. Dawson on 5/12/17. Service was made by Mail. Document filed by Chris H.. (sc)
May 12, 2017 Opinion or Order Filing 6 AFFIDAVIT OF SERVICE of Plaintiff's Request for Judicial Notice of Malicious Prosecution of Plaintiff by Defendants served on Hon. Tandra L. Dawson on 5/12/17. Service was made by Mail. Document filed by Chris H. (sc)
May 3, 2017 Opinion or Order Filing 5 NOTICE OF APPEARANCE by Angel Manuel Guardiola, II on behalf of Tandra L. Dawson(in her official capacity as Judge of Supreme Court of the State of New York), Tandra L. Dawson(jointly), Tandra L. Dawson(severally), Tandra L. Dawson(in her individual capacity), The State Of New York. (Attachments: #1 Certificate of Service)(Guardiola, Angel)
April 26, 2017 Opinion or Order Filing 3 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. The State Of New York served on 4/24/2017, answer due 5/15/2017. Service was accepted by Banga Sachin, Legal Clerk, Office of the Attorney General, State of New York. Document filed by Chris H. (sc)
April 26, 2017 Opinion or Order Filing 2 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Tandra L. Dawson(in her official capacity as Judge of Supreme Court of the State of New York) served on 4/24/2017, answer due 5/15/2017. Service was accepted by John Montero, Clerk. Document filed by Chris H.. (sc)
April 21, 2017 Opinion or Order Filing 1 COMPLAINT against Tandra L. Dawson(in her official capacity as Judge of Supreme Court of the State of New York), Tandra L. Dawson(jointly), Tandra L. Dawson(severally), Tandra L. Dawson(in her individual capacity), The State Of New York. (Filing Fee $ 400.00, Receipt Number 465401179914)Document filed by Chris H..(pc) (pc). (Additional attachment(s) added on 4/26/2017: #1 Exhibit A and B, #2 Exhibit C) (pc).
April 21, 2017 Opinion or Order Magistrate Judge Debra C. Freeman is so designated. (pc)
April 21, 2017 Opinion or Order SUMMONS ISSUED as to Tandra L. Dawson(in her official capacity as Judge of Supreme Court of the State of New York), Tandra L. Dawson(jointly), Tandra L. Dawson(severally), Tandra L. Dawson(in her individual capacity), The State Of New York. (pc)
April 21, 2017 Opinion or Order Case Designated ECF. (pc)

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Plaintiff: Chris H.
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Defendant: The State Of New York
Represented By: Angel Manuel Guardiola, II
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Defendant: Tandra L. Dawson
Represented By: Angel Manuel Guardiola, II
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