Legister v. Radowitz et al
Paul K. Legister |
Leah Radowitz, Deborah Radowitz, Magistrate Barbara O. Afriyie and New York State Child Support Unit |
1:2020cv09330 |
November 4, 2020 |
US District Court for the Southern District of New York |
Louis L Stanton |
Civil Rights: Other |
42 U.S.C. ยง 1983 |
Plaintiff |
Docket Report
This docket was last retrieved on December 16, 2020. A more recent docket listing may be available from PACER.
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Filing 6 CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that this action is dismissed. The Court dismisses Plaintiff's claims that challenge final orders and judgments of the New York Family Court, Orange County, under the Rooker-Feldman doctrine, for lack of subject-matter jurisdiction, see Fed. R. Civ. P. 12(h)(3), and alternatively, under the domestic-relations abstention doctrine first articulated by the Court of Appeals in American Airlines, Inc. v. Block, 905 F.2d 12, 14 (2d Cir. 1990). The Court dismisses Plaintiff's remaining claims under 42 U.S.C. 1983 against New York Family Court Support Magistrate Barbara O. Afriyie as frivolous and for seeking monetary relief from a defendant who is immune from such relief. 28 U.S.C. 1915(e)(2)(B)(i), (iii). The Court dismisses Plaintiff's claims under 1983 against Leah Radowitz, Deborah Radowitz, and "New York State Child Support Unit of Goshen, NY Orange County for failure to state a claim on which relief may be granted. 28 U.S.C. 1915(e)(2)(B)(ii). The Court declines to consider, under its supplemental jurisdiction, Plaintiff's claims under state law. 28 U.S.C. 1367(c)(3). Plaintiff has consented to electronic service of Court documents. (ECF 3.) (Signed by Judge Louis L. Stanton on 12/16/2020) (Attachments: #1 Pro Se Appeal Package) (sac) |
Filing 5 ORDER OF DISMISSAL: Plaintiff has consented to electronic service of court documents. (ECF 3.) The Court dismisses this action. The Court dismisses Plaintiff's claims that challenge final orders and judgments of the New York Family Court, Orange County, under the Rooker-Feldman doctrine, for lack of subject-matter jurisdiction, see Fed. R. Civ. P. 12(h)(3), and alternatively, under the domestic-relations abstention doctrine first articulated by the Court of Appeals in American Airlines, Inc. v. Block, 905 F.2d 12, 14 (2d Cir. 1990). The Court dismisses Plaintiff's remaining claims under 42 U.S.C. 1983 against New York Family Court Support Magistrate Barbara O. Afriyie as frivolous and for seeking monetary relief from a defendant who is immune from such relief. 28 U.S.C. 1915(e)(2)(B)(i), (iii). The Court dismisses Plaintiff's claims under 1983 against Leah Radowitz, Deborah Radowitz, and "New York State Child Support Unit of Goshen, NY Orange County" for failure to state a claim on which relief may be granted. 28 U.S.C. 1915(e)(2)(B)(ii). The Court declines to consider, under its supplemental jurisdiction, Plaintiff's claims under state law. 28 U.S.C. 1367(c)(3). (Signed by Judge Louis L. Stanton on 12/16/2020) (sac) |
NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Unassigned is no longer assigned to the case..(bcu) |
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 12/8/2020) (vn) Transmission to Docket Assistant Clerk for processing. |
Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Paul K. Legister consents to receive electronic service via the ECF system. Document filed by Paul K. Legister. (sac) |
Case Designated ECF. (sac) |
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