Couri v. Pavia et al
| James Couri |
| ADA Garrett Behrens, Sulmeyer Kupetz, Dan Angers, Hendricks Holding, Antonia Pavia, Vincent Castiglione, Riverside County CA District Attorney, David Chapman, DA Michael Hestrin, Paul Wooten, Riverside County CA Sheriff Dept., Diane Hendricks, Max Folkenflik, Esq., George Pavia, Esq., UW Hospital, Fisher & Wolfe, Riverside County CA, John Siebert, David Fisher, Esq., Shaun Murphy, Esq., Lisa Brunette, Kenneth V. Gomez, Esq., Theresa Castiglione, Joseph M. Burke, Esq., John Does 1-15, Gov. Scott Walker, SBEMP, Maria Castiglioni, David Richardson, Esq. and Folkenflik McGerity |
| 1:2019cv05436 |
| June 11, 2019 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Racketeer/Corrupt Organization |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 8, 2019. A more recent docket listing may be available from PACER.
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| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #24 Notice of Appeal. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #24 Notice of Appeal filed by James Couri were transmitted to the U.S. Court of Appeals. (nd) |
| Filing 24 NOTICE OF APPEAL from #20 Order on Motion to Disqualify Judge,. Document filed by James Couri. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (nd) |
| Appeal Fee Due: for #24 Notice of Appeal. $505.00 Appeal fee due by 8/21/2019. (nd) |
Filing 23
ORDER re: #21 Order. Plaintiff is ORDERED to submit no additional documents to the Court, and to have no other person or entity submit documents to the Court on his behalf, other than the amended complaint that he has been granted leave to file. (Dkt. #4, 6, 9). Per the Court's prior orders, the amended complaint must be filed on or before September 15, 2019, and submitted to the Southern District of New Yorks Pro Se Office, Thurgood Marshall United States Courthouse, 40 Foley Square, Room 105, New York, New York 10007. (Id.). If Plaintiff, whether directly or through non-party CIG, continues to flood the Court's inbox with material that is both irrelevant to this litigation and sensitive to non-parties, the Court will consider issuing sanctions, up to and possibly including the dismissal of this action with prejudice. Plaintiff is further ORDERED to refrain from calling Chambers by telephone. Plaintiff's calls, which have in recent weeks have been characterized by intemperate language directed at the Court's staff, will no longer be accepted. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/7/2019) Copies Mailed By Chambers. (kv)
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| Filing 22 LETTER addressed to Judge Katherine Polk Failla from James Couri, dated 8/5/19 re: Plaintiff writes that this Court's Order of 8/5/19 is herewith being appealed as again, a "Final Order" ; and that the Court's supposed analysis of his grounds for disqualification are at best jaundice, and obviously intentionally misleading etc. Document filed by James Couri.(sc) |
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Filing 21
ORDER: The Court has detailed the procedural history of this matter several times, most recently in the Order issued August 5, 2019. (Dkt. #20). During the pendency of this matter, the Court has received intermittent emails from an entity calling itself Corruption International Group Monaco ("CIG"). Though CIG has stated that it is a separate entity from Plaintiff, the Court has reason to believe it is merely an alter-ego of Plaintiff. The Court need not address that potential issue at this time, and instead advises CIG and Plaintiff that CIG is not a litigant in this matter. To the extent CIG is a separate corporate entity, it may not appear pro se; it may appear only through counsel. Unless CIG becomes a litigant in this matter and is represented by counsel, the Court will disregard all communications sent by CIG. As a one-time courtesy to Plaintiff and CIG, the Court will transmit this Order via email to the email account purporting to send communications from CIG. (Signed by Judge Katherine Polk Failla on 8/6/2019) Copies Mailed By Chambers. (rro)
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Filing 20
ORDER denying #17 Motion to Disqualify Judge. For the foregoing reasons, the Court DENIES Plaintiff's: (i) motion for recusal; (ii) request for an alternative payment plan for the appeal fee; and (iii) request for a telephonic conference. The Clerk of Court is directed to terminate the motion pending at docket entry 17. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/5/2019) Copies Mailed By Chambers. (rro)
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| Filing 19 LETTER addressed to Judge Katherine Polk Failla from Jim Couri, dated 7/29/19 re: PLAINTIFF'S MOTION TO DISQUALIFY THIS COURT PER 28:455(a)(b-1) & FOR CAUSE. Document filed by James Couri. (Attachments: #1 Envelope)(sc) |
| Filing 18 DECLARATION of James Couri/ IN SUPPORT OF MOTION TO DISQUALIFY JUDGE FAILLA FOR CAUSE, BIAS & MISREPRESENTATION OF FACTS, re: #17 MOTION to Disqualify Judge. Document filed by James Couri. (sc) |
| Filing 17 NOTICE OF MOTION TO DISQUALIFY JUDGE FAILLA PURS. TO 28:455(a)(b-1),28:144 & THE CODES OF CONDUCT OF FEDERAL JUDGES. Document filed by James Couri.(sc) (Main Document 17 replaced on 8/2/2019) (sc). |
| Received returned mail re: #4 Order of Dismissal. Mail Order by Certified Mail. Mail was addressed to James Couri 575 Madison Avenue New York, N.Y. 10022 and was returned for the following reason(s): Return to sender Not deliverable as addressed Unable to forward. (Bloom, Paul) Modified on 7/30/2019 (Bloom, Paul). |
| Transmission to Docket Assistant Clerk. Transmitted to Remail to 575 Madison Avenue10th floorNew York, NY 10022 re: #4 Order of Dismissal, to the Docket Assistant Clerk for case processing. (Bloom, Paul) |
| Re-Mailed a copy of #4 Order of Dismissal, to James Couri 575 Madison Avenue 10th Floor New York, NY 10022. (aea) |
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Filing 16
ORDER: The Court is in receipt of eight email communications, sent by Plaintiff or on Plaintiff's behalf, between July 22 and July 28. As the Court instructed Plaintiff in a July 22, 2019 Order (Dkt. #11), and pursuant to the Court's Individual Rules of Practices in Civil Cases (the "Individual Rules"), all communications with the Court by a pro se party including the aforementioned emails should be mailed to the Pro Se Office, United States Courthouse, 40 Foley Square, Room 105, New York, New York 10007. No documents or court filings should be sent directly to Chambers. The Court will not consider Plaintiff's email communications sent directly to Chambers and will disregard future communications that do not abide by the Court's Individual Rules. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/29/2019) Copies Mailed By Chambers. (rro)
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| Filing 15 LETTER addressed to Judge Colleen McMahon from James Couri, dated 7/17/19 re: Plaintiff informs the Court that she writes specifically about the judicial activities of Judge Failla and her acts that violate the mandate that all federal judges are to be "impartial guardians of the rule of law". Document filed by James Couri.(sc) |
| Filing 14 LETTER addressed to Judge Katherine Polk Failla from James Couri, dated 7/22/19 re: PLEASE SEE THE COVER SHEET OF THE JIM COURI REPORT EXPOSING IN DETAIL CORRUPTION, CONSPIRACY, ETC IN AMERICA'S JUDICIARY, LAW ENFORCEMENT, LAWYERS ETC. AND THOSE WHO COMPROMISE THEM ETC. Document filed by James Couri.(sc) |
| Filing 13 LETTER addressed to Judge Katherine Polk Failla from James Couri, dated 7/20/19 re: ORDER OF 6/21/19, BIAS, PARTIALITY, CONFLICT OF INTEREST, VIOLATIONS OF DISQUALIFICATION, MANDATES PER SUPREME COURT. Document filed by James Couri.(sc) |
| Filing 12 LETTER addressed to Judge Katherine Polk Failla from James Couri, dated 7/19/19 re: JUDICIAL BIAS & MANDATES FOR DISQUALIFICATION. Document filed by James Couri.(sc) |
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Filing 11
ORDER: The Court is in receipt of Plaintiff's three email communications of July 20, July 21, and July 22, 2019. The Court reminds Plaintiff that, pursuant to the Court's Individual Rules of Practices in Civil Cases ("Individual Rules), a copy of which is attached to this Order, all communications with the Court by a pro se party including the aforementioned emails should be mailed to the Pro Se Office, United States Courthouse, 40 Foley Square, Room 105, New York, New York 10007. No documents or court filings should be sent directly to Chambers. The Court will not consider Plaintiff's email communications sent directly to Chambers. (Signed by Judge Katherine Polk Failla on 7/22/2019) Copies Mailed By Chambers. (rro)
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| Mailed a copy of #11 Order, to James Couri, 575 Madison Avenue, New York, NY 10022. (tn) |
| Mailed a copy of #9 Order on Motion for Extension of Time to File, to James Couri, 575 Madison Avenue, New York, NY 10022. (tn) |
| Filing 10 NOTICE OF APPEAL from #4 Order of Dismissal. Document filed by James Couri. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
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Filing 9
ORDER denying #8 Motion for Extension of Time to File. On July 16, 2019, Plaintiff filed a motion requesting an extension of time to file a notice of appeal from the Court's June 21, 2019 Order of Dismissal with Leave to Replead. (Dkt. #8; see also Dkt. #4). At this point in the proceedings, Plaintiff's motion is untimely and is DENIED as such. Only final judgments, or partial final judgments, of district courts may be appealed to federal courts of appeals. See Petrello v. White, 533 F.3d 110, 1113 (2d Cir. 2008) (citing 28 U.S.C. 1291). For the purposes of appealability, "[a] final judgment or order is one that conclusively determines all pending claims of all the parties to the litigation, leaving nothing for the court to do but execute its decision." Id. The June 21, 2019 Order of Dismissal with Leave to Replead is not final at this time; the Order invited Plaintiff to file an amended complaint and thus did not conclusively determine all of Plaintiff's pending claims. The Court will construe Plaintiff's motion requesting an extension of time to file a notice of appeal as an application for a second extension of time to file an amended complaint. Wright v. Comm'r., 381 F.3d 41, 44 (2d Cir.2004) ("[W]e construe pro se appellate briefs and submissions liberally and interpret them to raise the strongest arguments they suggest.") (citation omitted). The Court initially granted Plaintiff until July 22, 2019, to file an amended complaint. (Dkt. #4). On July 2, 2019, the Court granted Plaintiff's application for an extension of time to file an amended complaint until August 15, 2019. (Dkt #6). Plaintiff's application for a second extension of time to file an amended complaint is GRANTED. Plaintiff's amended complaint shall be filed on or before September 15, 2019. If Plaintiff does not wish to file an amended complaint and would instead prefer that the Court enter a final judgment regarding his June 11, 2019 complaint (Dkt. #1), he may submit a letter to that effect. Plaintiff's application for Rule 60(b) relief is similarly unavailing: As a threshold matter, Rule 60(b) applies only to "final" judgments. In re Shengdatech, Inc. Sec. Litig., No. 11 Civ. 1918 (LGS), 2015 WL 3422096, at *3 (S.D.N.Y. May 28, 2015); see also Fed. R. Civ. P. 60(b). "The prevailing rule in this Circuit and elsewhere is that an order is final for purposes of Rule 60(b) when it is appealable." In re Shengdatech, Inc. Sec. Litig., 2015 WL 3422096, at *3 (collecting cases). For the reasons stated above, the Order of Dismissal with Leave to Replead is not appealable. Because there can be no basis for Rule 60(b) relief at this time, Plaintiff's motion is DENIED and further set forth in this Order. (Signed by Judge Katherine Polk Failla on 7/19/2019) Copies Mailed By Chambers. (rro)
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| Set/Reset Deadlines: Amended Pleadings due by 9/15/2019. (rro) |
| Appeal Fee Due: for #10 Notice of Appeal. Appeal fee due by 8/2/2019. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #10 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #10 Notice of Appeal filed by James Couri were transmitted to the U.S. Court of Appeals. (tp) |
| Appeal Remark as to #10 Notice of Appeal filed by James Couri. IFP DENIED 06/21/2019. (tp) |
| Filing 8 MOTION for Extension of Time to File Notice of Appeal. Document filed by James Couri.(tp) |
| Filing 7 LETTER addressed to Judge Katherine Polk Failla from Jim Couri, dated 7/15/19 re: (VACATE ORDER FILED 6/21/19 & OTHER RELIEF) - Plaintiff writes that this Court's Order is alarming, depriving him of due process, inter alia, by a serial sum of miscast allegations and attempted character assassinations to besmirch him and make it appear that he has no legitimate claim or cause of action,that he has violated Rule 8 etc. Document filed by James Couri.(sc) |
| Mailed a copy of #6 Order, to James Couri, 575 Madison Avenue, New York, NY 10022. (tn) |
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Filing 6
ORDER re: #5 Letter re: (ORDER DATED 6/21/19 & INVOKING OF 28:455(a)) - Plaintiff writes that he invokes his rights purs. to 28: 455(a) seeking the disqualification of this Court, grounded on the Court's position as set forth in the Law Journal Article and other issues set forth in this letter (as indicated), filed by James Couri., On July 1, 2019, Plaintiff filed a letter with the Court requesting an extension of time to file an amended complaint. (Dkt. #5). Plaintiff's application is hereby GRANTED. Plaintiff shall file an amended complaint on or before August 15, 2019. SO ORDERED. Amended Pleadings due by 8/15/2019. (Signed by Judge Katherine Polk Failla on 7/2/2019) Copies Mailed By Chambers. (rj)
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| Filing 5 LETTER addressed to Judge Katherine Polk Failla from James Couri, dated 6/26/19 re: (ORDER DATED 6/21/19 & INVOKING OF 28:455(a)) - Plaintiff writes that he invokes his rights purs. to 28: 455(a) seeking the disqualification of this Court, grounded on the Court's position as set forth in the Law Journal Article and other issues set forth in this letter(as indicated). Document filed by James Couri.(sc) |
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Filing 4
ORDER OF DISMISSAL: The Clerk of Court is directed to mail a copy of this Order to Plaintiff and note service on the docket. The Clerk of Court is further instructed to hold this matter open on the docket until a civil judgment is entered. Plaintiff's complaint is dismissed for failure to state a claim for relief. The Court grants Plaintiff 30 days' leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within 30 days of the date of this Order, caption the document as an "Amended Complaint," and label the document with docket number 19 Civ. 5436 (KPF). An Amended Complaint form is attached to this Order. If Plaintiff fails to submit an amended complaint within the time allowed and does not show good cause to excuse such failure, the Court will enter a civil judgment consistent with this Order and direct the Clerk of Court to terminate this matter. 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. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/20/2019) (ks) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #4 Order of Dismissal, to James Couri 575 Madison Avenue New York, NY 10022. (aea) |
| SUMMONS ISSUED as to All Defendants. (vba) |
| Filing 2 CIVIL COVER SHEET filed. (sac) |
| Filing 1 COMPLAINT against Dan Angers, Garrett Behrens, Lisa Brunette, Joseph M. Burke, Esq, Theresa Castiglione, Vincent Castiglione, Maria Castiglioni, David Chapman, John Does 1-15, David Fisher, Esq, Fisher & Wolfe, Max Folkenflik, Esq, Kenneth V. Gomez, Esq, Diane Hendricks, Hendricks Holding, Michael Hestrin, Sulmeyer Kupetz, Folkenflik McGerity, Shaun Murphy, Esq, Antonia Pavia, George Pavia, Esq, David Richardson, Esq, Riverside County CA, Riverside County CA District Attorney, Riverside County CA Sheriff Dept., SBEMP, John Siebert, UW Hospital, Scott Walker, Paul Wooten. (Filing Fee $ $400.00, Receipt Number 465401237235)Document filed by James Couri.(sac) |
| Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sac) |
| Case Designated ECF. (sac) |
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