Hamilton v. Steven J. Baum P.C. et al
| Patricia A. Hamilton |
| Thomas J. Tyrrell, Jr., HSBC Bank USA, Stiene & Associates, P.C., Wells Fargo Bank, National Association, Steven J. Baum P.C. and Law Firm of Patricia M. Esdinksy, Esq. |
| 1:2019cv09118 |
| September 30, 2019 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 9, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Mailed a copy of #7 Order on Motion for TRO, to Patricia A. Hamilton 175 Washington Street Mounty Vernon, NY 10550. (vba) |
Filing 7
ORDER. The Court directs the Clerk of Court to mail a copy of this order to Plaintiff and note service on the docket. The Court denies both of Plaintiff's motions in which she seeks a temporary restraining order and immediate injunctive relief. (ECF 2 & 6.) The Court warns Plaintiff that it will not consider any future motions in which she seeks the same relief until after Plaintiff has filed an amended complaint in compliance with the Court's October 15, 2019 order. 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). The Court also directs the Clerk of Court to docket this order as a "written opinion" within the meaning of Section 205(a)(5) of the E-Government Act of 2002. SO ORDERED. Denying #2 Motion for TRO. (Signed by Judge Colleen McMahon on 11/12/2019) (rjm). Transmission to Docket Assistant Clerk for processing.
|
| Filing 6 UNSIGNED ORDER TO SHOW CAUSE filed by Patricia A. Hamilton. (sbr) |
| Mailed a copy of #5 Order 60 Days Amended Complaint (case opening), to Patricia A. Hamilton 175 Washington Street Mounty Vernon, NY 10550. (vba) |
|
Filing 5
ORDER TO AMEND: The Court directs the Clerk of Court to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. The Court dismisses, under the Rooker-Feldman doctrine, Plaintiff's claims in which Plaintiff asks this Court to review and overturn a final judgment of foreclosure and sale of a New York State court. See Fed. R. Civ. P. 12(h)(3). The Court grants Plaintiff 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 sixty days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 19-CV-9118 (CM). An Amended Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and she cannot show good cause to excuse such failure, the Court will dismiss the remainder of Plaintiff's claims for failure to state a claim on which relief may be granted.4 See 28 U.S.C. 1915(e)(2)(B)(ii). 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). The Court also directs the Clerk of Court to docket this order as a "written opinion" within the meaning of Section 205(a)(5) of the E-Government Act of 2002. (Signed by Judge Colleen McMahon on 10/15/2019) (Attachments: #1 Amended Complaint attachment)(tro) Transmission to Docket Assistant Clerk for processing.
|
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (tro) |
| Mailed a copy of #4 Order Granting IFP Application to Patricia A. Hamilton 175 Washington Street Mounty Vernon, NY 10550. (vba) |
|
Filing 4
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Colleen McMahon on 10/2/2019) (sac) Transmission to Docket Assistant Clerk for processing.
|
| Filing 3 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Patricia A. Hamilton.(rdz) |
| Filing 2 Temporary Restraining Order-PERMANENT INJUNCTION & DEMAND FOR AN EMERGENCY HEARING BECAUSE OF THE PENDING LAWSUIT IN FEDERAL COURT. Document filed by Patricia A. Hamilton.(rdz) |
| Filing 1 COMPLAINT against HSBC Bank USA, Law Firm of Patricia M. Esdinksy, Esq., Steven J. Baum P.C., Stiene & Associates, P.C., Thomas J. Tyrrell, Jr, Wells Fargo Bank, National Association. Document filed by Patricia A. Hamilton.(rdz) |
| Case Designated ECF. (rdz) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
