Weinstein v. Miller et al
| Elizabeth Harding Weinstein |
| Wendy Stynes, Aprilanne Agostino, Dina Kaplan, Brian Stryker Weinstein, New York State Appeallate Court, Second Judicial Department, Supreme Court of the State of New York, Westchester County, Judge Robert J. Miller, Joseph Castellano, Jeannine Muratore and Gloria Marchetti-Bruck |
| 7:2021cv04543 |
| May 19, 2021 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Civil Rights: Other |
| 28 U.S.C. § 1331 vc |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 28, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 14
ORDER OF DISMISSAL: The Court denies Plaintiff's requests for emergency injunctive relief (ECF 5, 6, 7, 10, 11, 12) under the Younger abstention doctrine. The Court dismisses Plaintiff's claims without prejudice on immunity grounds and as frivolous. The Court consolidates this case with No. 21-CV-1996 only for purposes of competency proceedings. Although Plaintiff paid the filing fees for this action, 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Plaintiff has consented to receive electronic service of Court filings. (ECF 3.) SO ORDERED. (Signed by Judge Cathy Seibel on 7/15/2021) (mml)
|
| CONSOLIDATED MEMBER CASE: Create association to 7:21-cv-01996-CS. (mml) |
| Filing 13 LETTER addressed to Judge Cathy Seibel and Judge Laura Taylor Swain from E. Harding Weinstein, dated 7/12/21 re: "CASES NOT RELATED, MORE EVIDENCE OF COURT FRAUD" - These cases are not related and must be adjudicated separately. To consolidate these cases while simultaneously denying me access to the Court provides the outward appearance of impropriety, fraud, and collusion by two Judges etc.. Document filed by Elizabeth Harding Weinstein.(sc) |
| CASE ACCEPTED AS RELATED. Create association to 7:21-cv-01996-CS. Notice of Assignment to follow. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Laura Taylor Swain is no longer assigned to the case. (vba) |
| Magistrate Judge Andrew E. Krause 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vba) |
| Filing 12 LETTER addressed to Judge Laura Taylor Swain from E. Harding Weinstein, dated 7/7/21 re: "DENIAL OF DUE PROCESS, DENIAL OF RIGHTS"- I have brought this case to highlight the issues of judicial fraud and crimes by the defendants to your attention. You have willfully denied me access to the courtroom without providing the findings of fact and conclusions of law in writing that legally support your actions. By denying me access to the Court, this Court is aiding and abetting with the child and adult trafficking etc. Document filed by Elizabeth Harding Weinstein.(sc) Modified on 7/12/2021 (mt). |
| Filing 11 LETTER addressed to Judge Laura Taylor Swain from E. Harding Weinstein, dated 7/1/21 re: "DENIAL OF DUE PROCESS, DENIAL OF RIGHTS" - It has been established by the Supreme Court of the United States that deprivation of a citizen's constitutional rights for thirteen days was too long for the Court to act(see Roman Catholic Diocese of Brooklyn v. Cuomo, Nov 2020, 20A87), and the Court affirmed that clearly citizens should not bear the risk of suffering further irreparable harm due to the Court's inaction. What findings of fact and conclusions of law supersede this lawful, just precedent and give this Court the right to deny me my rights since May? Document filed by Elizabeth Harding Weinstein.(sc) |
| Filing 10 LETTER addressed to Judge Laura Taylor Swain from E. Harding Weinstein, dated 6/29/21 re: "DENIAL OF DUE PROCESS, EMERGENCY INJUNCTIVE RELIEF"- Defendants Brian Stryker Weinstein and Dina Kaplan are nefariously working with state actors, Janet C. Malone, Susan Kettner, Charles Goldberger, and Anne Penachio to seek totalitarian dominion over every aspect of my life, causing me severe irreparable harm. Their proposed actions tomorrow, 6/30/21, require your immediate attention and emergency injunctive relief etc. Please immediately grant me virtual access to the Court, so that you may properly address the crimes and violations of our Constitutional rights which these state actors are committing against my children and me. Document filed by Elizabeth Harding Weinstein.(sc) |
| Pro Se Payment of Fee Processed: Credit card processed by the Finance Department on 6/28/2021, Receipt Number 465407018560. (sj) |
|
Filing 9
ORDER denying #2 Motion for Permission for Electronic Case Filing. On June 17, 2021, the Court directed that Plaintiff, within thirty days, submit a completed request to proceed in forma pauperis ("IFP") application or pay the $402.00 in fees required to file a civil action in this Court. Plaintiff immediately responded with a letter requesting that the Court approve her motion to participate in electronic case filing ("e-filing") in this case so that she can pay the filing fees electronically. For the reasons set forth below, the Court denies Plaintiff permission to participate in e-filing at this time. Plaintiff has not yet fully complied with the procedures for filing a case, including the submissions of fees or an IFP application. The Court therefore finds that it is premature to consider Plaintiff's e-filing application. If Plaintiff complies with the Court's June 17, 2021 order within the time allowed, Plaintiff may then submit a new request for e-filing. If Plaintiff fails to submit the $402.00 in fees or an IFP application, the action will be dismissed. 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 IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 44445 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). (Signed by Judge Laura Taylor Swain on 6/22/2021) (sac)
|
| Filing 8 LETTER addressed to Judge Laura Taylor Swain from E. Harding Weinstein dated 6/22/21 re: "CLERK FRAUD & FILE TAMPERING" - Evidence of your Clerk's willful fraud and tampering: https://www.instagram.com/tv/CObFBnhKll/?utm_medium=copy_link etc. Document filed by Elizabeth Harding Weinstein.(sc) |
| Filing 7 LETTER addressed to Judge Laura Taylor Swain from E. Harding Weinstein, dated 6/22/21 re: Defendant Brian S. Weinstein, a known pedaphile and my domestic violence abuser, and Defendant Dina Kaplan have retaliated against me, are working with state actor Janet C. Malone with intent to do me irraparable harm on 6/24/21; and your clerks are committing fraud by delaying filings and deleting this critical information from the docket text. Document filed by Elizabeth Harding Weinstein.(sc) |
| Filing 6 LETTER addressed to Judge Laura Taylor Swain from E. Harding Weinstein, dated 6/18/21 re: I am requesting that you immediately approve my electronic filing for this case, so that I may pay the fee electronically, and this case may advance. It is imperative that I bring this issue(as previously indicated) to your full attention and seek emergency injunctive relief in order for justice to be served. Document filed by Elizabeth Harding Weinstein.(sc) |
| Filing 5 LETTER addressed to Judge Laura Taylor Swain from E. Harding Weinstein, dated 6/17/21 re: "DENIAL OF DUE PROCESS, ELECTRONIC FILING, FEE, EMERGENCY INJUNCTIVE RELIEF"- Please immediately approve my electronic filing for this case so that I may pay the filing fee electronically. As I cannot medically tolerate a mask, I am being denied access to the Court to pay directly, and the other options are obstacles to justice that my legal adversaries do not have to overcome. Please see the attached which provides evidence of my claims etc. Document filed by Elizabeth Harding Weinstein.(sc) |
|
Filing 4
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fees or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. 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 7/19/2021. In Forma Pauperis (IFP) Application due by 7/19/2021. (Signed by Chief Judge Laura Taylor Swain on 6/17/2021) (Attachments: #1 IFP Application) (ees)
|
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(wb) |
| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: E. Weinstein consents to receive electronic service via the ECF system. Document filed by Elizabeth Harding Weinstein.(sc) |
| Filing 2 MOTION for Permission for Elizabeth Harding Weinstein to participate in electronic case filing in this case. Document filed by Elizabeth Harding Weinstein. (sac) |
| Filing 1 COMPLAINT against Aprilanne Agostino, Joseph Castellano, Dina Kaplan, Gloria Marchetti-Bruck, Robert J. Miller, Jeannine Muratore, New York State Appeallate Court, Second Judicial Department, Wendy Stynes, Supreme Court of the State of New York, Westchester County, Brian Stryker Weinstein. Document filed by Elizabeth Harding Weinstein. (Attachments: #1 Main Document, #2 Main Document, #3 Main Document, #4 Civil Cover Sheet) (sac) |
| Case Designated ECF. (sac) |
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.
