Golding v. DHS/ICE et al
| Karim Golding |
| DHS/ICE, Max Gorelik, Mr. Freeman, Jonathon Horton and Director Thomas D. Homan |
| 1:2020cv08679 |
| October 20, 2020 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 29 PRISONER AUTHORIZATION. Document filed by Karim Golding.(sc) |
Filing 28
ORDER DIRECTING PRISONER AUTHORIZATION: Plaintiff is directed to submit a completed and signed Prisoner Authorization Form to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 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). Prisoner Authorization Form due by 12/10/2020. (Signed by Judge Colleen McMahon on 11/10/2020) (Attachments: #1 Supplement Prisoner authorization) (scn) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #28 Order Directing Prisoner Authorization, to Karim Golding, A#206552755 at Etowah County Detention Center, 827 Forrest Avenue, Gadsden, AL 35901. (Attachments: # 1 Supplement Prisoner authorization) (dsh) |
| Filing 27 APPLICATON TO PROCEED WITHOUT PREPAYING FEES OR COSTS/ MOTION FOR APPOINTMENT OF COUNSEL. Document filed by Karim Golding.(sc) |
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Filing 26
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 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). Filing Fee due by 11/30/2020. In Forma Pauperis (IFP) Application due by 11/30/2020. Prisoner Authorization Form due by 11/30/2020. (Signed by Judge Colleen McMahon on 10/30/2020) (Attachments: #1 Supplement IFP application, #2 Supplement Prisoner authorization) (scn) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(bcu) |
| Mailed a copy of #26 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, and a Supplemental IFP Application and Prisoner Authorization form, to Karim Golding, A#206552755 at Etowah County Detention Center, 827 Forrest Avenue, Gadsden, AL 35901. (kh) |
| Filing 25 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:20-cv-02833. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Case transferred to Southern District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Herrera, Isaiah) [Transferred from New York Eastern on 10/20/2020.] |
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Filing 24
ORDER transferring this action to the United States District Court for the Southern District of New York #21 and denying #23 Motion to Appoint Counsel without prejudice to renew in the Southern District of New York. For the reasons set forth in the attached Transfer Order, the Clerk of Court is respectfully directed to transfer this action to the United States District Court for the Southern District of New York. 28 U.S.C. 1391(b); 1404(a). The provision of Rule 83.1 of the Local Rules of the Eastern District of New York which requires a seven-day delay is waived. All further pending motions are terminated as moot. Ordered by Judge Kiyo A. Matsumoto on 10/16/2020. (Tran, Alexander) [Transferred from New York Eastern on 10/20/2020.]
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| Filing 23 MOTION to Appoint Counsel by Karim Golding. (Herrera, Isaiah) [Transferred from New York Eastern on 10/20/2020.] |
| Filing 22 Letter from Karim Golding to Judge Matsumoto dated 9/24/2020 re: Letter submitted by the U.S. Attorney. (Herrera, Isaiah) [Transferred from New York Eastern on 10/20/2020.] |
| Filing 21 MOTION for Leave to File Document (this Office represents no party to this action, notwithstanding this filing) respectfully alerting the Court that the sua sponte transfer to this district should instead have been to SDNY, and respectfully asking that the error be corrected; and, notwithstanding this, complying with the July 21 Order directing this Office to disclose service information for defendant Gorelik by DHS/ICE. (Soloveichik, Layaliza) [Transferred from New York Eastern on 10/20/2020.] |
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Filing 20
ORDER: Plaintiff's pro se Bivens action was transferred from the Northern District of Alabama to the Eastern District of New York on 6/26/2020. In brief, plaintiff alleges that defendant Max Gorelik, an ICE agent, acted maliciously by listing plaintiff's status as an arriving alien when he is shown in ICE databases to be a United States citizen. ECF No. #13 at 45. Pursuant to Valentin v. Dinkins, 121 F.3d 72 (2d Cir. 1997) (per curiam), the Court hereby directs the United States Attorney's Office (the "Office") to provide an address for service of process for defendant by 8/31/2020. The parties shall advise the Court by signing the enclosed form whether they jointly consent to trial and decision on this case by me, a United States Magistrate Judge, pursuant to 28 U.S.C. 636(c). SO ORDERED by Magistrate Judge Lois Bloom, on 7/21/2020. C/mailed w/Attachments: #1 Consent to Trial and Decision by a United States Magistrate Judge. (United States Attorney's Office's Response due by 8/31/2020.) (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 10/20/2020.]
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| Filing 19 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) [Transferred from New York Eastern on 10/20/2020.] |
| Filing 18 Case transferred in from District of Alabama Northern; Case Number 4:19-cv-01160. Original file certified copy of transfer order and docket sheet received. [Transferred from New York Eastern on 10/20/2020.] |
| Filing 17 FINAL JUDGMENT in accordance with the Memorandum Opinion entered contemporaneously herewith and with Rule 58 of FRCP, Plaintiff's claims against Defendant Gorelik are SEVERED and TRANSFERRED to the Eastern District of New York; all remaining claims asserted by the Plaintiff are DISMISSED WITHOUT PREJUDICE for failing to state a claim upon which relief can be granted; costs are taxed to Plaintiff. Signed by Judge R David Proctor on 6/25/2020. (KAM) [Transferred from Alabama Northern on 6/26/2020.] [Transferred from New York Eastern on 10/20/2020.] |
| Filing 16 MEMORANDUM OPINION. Signed by Judge R David Proctor on 6/25/2020. (KAM) [Transferred from Alabama Northern on 6/26/2020.] [Transferred from New York Eastern on 10/20/2020.] |
| Filing 15 REPORT AND RECOMMENDATION that the plaintiff's claim against defendat Gorelik be SEVERED and TRANSFERRED to the Eastern District of New York; and that all remaining claims be dismissed without prejudice for failing to state a claim upon which relief may be granted; Objections to R&R due by 6/15/2020. Signed by Magistrate Judge John H England, III on 6/1/2020. (KAM) [Transferred from Alabama Northern on 6/26/2020.] [Transferred from New York Eastern on 10/20/2020.] |
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Filing 14
ORDER withdrawing #12 Report and Recommendations.. Signed by Magistrate Judge John H England, III on 11/26/2019. (KAM) [Transferred from Alabama Northern on 6/26/2020.] [Transferred from New York Eastern on 10/20/2020.]
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| Filing 13 AMENDED COMPLAINT against Thomas D Homan, Freeman, Max Gorelik, filed by Karim Golding.(KEK) [Transferred from Alabama Northern on 6/26/2020.] [Transferred from New York Eastern on 10/20/2020.] |
| Filing 12 REPORT AND RECOMMENDATION that #2 Complaint filed by Karim Golding be dismissed without prejudice for failure to prosecute; Objections to R&R due by 11/12/2019. Signed by Magistrate Judge John H England, III on 10/29/2019. (KAM) [Transferred from Alabama Northern on 6/26/2020.] [Transferred from New York Eastern on 10/20/2020.] |
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Filing 11
ORDER denying #4 Motion for TRO. Signed by Judge R David Proctor on 10/3/2019. (KAM) [Transferred from Alabama Northern on 6/26/2020.] [Transferred from New York Eastern on 10/20/2020.]
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Filing 10
ORDER the plaintiff shall file a final amended complaint, by completing a new complaint form within 30 days. Signed by Magistrate Judge John H England, III on 9/20/2019. (KAM) [Transferred from Alabama Northern on 6/26/2020.] [Transferred from New York Eastern on 10/20/2020.]
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| Filing 9 MOTION for emergency Bivens complaint for violation of Petitioner substantive "colorabe and cognizable" due process and civil rights by Karim Golding. (KAM) [Transferred from Alabama Northern on 6/26/2020.] [Transferred from New York Eastern on 10/20/2020.] |
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Filing 8
ORDER that within thirty (30) days from the entry date of this Order, Plaintiff is ORDERED to file an Amended Complaint as set out herein. Signed by Magistrate Judge John H England, III on 8/16/2019. (JLC) [Transferred from Alabama Northern on 6/26/2020.] [Transferred from New York Eastern on 10/20/2020.]
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Filing 7
ORDER finding as moot #3 Motion for Leave to Proceed in forma pauperis; granting #6 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge John H England, III on 8/13/2019. (KAM) [Transferred from Alabama Northern on 6/26/2020.] [Transferred from New York Eastern on 10/20/2020.]
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| Filing 6 MOTION for Leave to Proceed in forma pauperis by Karim Golding. (KAM) [Transferred from Alabama Northern on 6/26/2020.] [Transferred from New York Eastern on 10/20/2020.] |
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Filing 5
ORDER - NOTICE OF DEFICIENT PLEADING - if the plaintiff wishes to proceed with this civil action, he must either pay a total of $400.00 ($350.00 filing fee + $50.00 administrative fee) to the Clerk of the Court, or submit his own application to proceed in forma pauperis within thirty (30) days;. Signed by Magistrate Judge John H England, III on 7/26/2019. (KAM) [Transferred from Alabama Northern on 6/26/2020.] [Transferred from New York Eastern on 10/20/2020.]
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| Filing 4 MOTION for Temporary Restraining Order by Karim Golding. (KEK) [Transferred from Alabama Northern on 6/26/2020.] [Transferred from New York Eastern on 10/20/2020.] |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Karim Golding. (KEK) [Transferred from Alabama Northern on 6/26/2020.] [Transferred from New York Eastern on 10/20/2020.] |
| Filing 2 COMPLAINT against DHS/ICE, Jonathon Horton, filed by Karim Golding. (Attachments: #1 Exhibit A-B, #2 Exhibits C-D, #3 Exhibits E-G)(KEK) [Transferred from Alabama Northern on 6/26/2020.] [Transferred from New York Eastern on 10/20/2020.] |
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Filing 1
ORDER - Based on the foregoing, on this 22nd day of July, 2019, the court ORDERS that this action is SEVERED. Signed by Judge Corey L Maze on 7/22/2019. ***Order originally filed in 4:19-cv-789-CLM-JHE***(KEK) [Transferred from Alabama Northern on 6/26/2020.] [Transferred from New York Eastern on 10/20/2020.]
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