Stevenson v. De Blasio et al
| Eric Stevenson |
| City Council of New York, Mayor Bill De Blasio, City of New York Council Speaker, Commissioner of the Board of Elections of the City of New York, Council Speaker of the City of New York and NYS Attorney General Letitia James |
| 1:2021cv05065 |
| June 7, 2021 |
| US District Court for the Southern District of New York |
| James L Cott |
| Analisa Torres |
| Civil Rights: Other |
| 28 U.S.C. § 1331 vc |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 19, 2022. A more recent docket listing may be available from PACER.
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Filing 14
ORDER: Plaintiff's claims against New York State Attorney Letitia James must be dismissed. "[A]s a general rule, state governments may not be sued in federal court unless they have waived their Eleventh Amendment immunity, or unless Congress has abrogated the states Eleventh Amendment immunity...." Gollomp v. Spitzer, 568 F.3d 355, 366 (2d Cir. 2009). "The immunity recognized by the Eleventh Amendment extends beyond the states themselves to state agents and state instrumentalities that are, effectively, arms of a state." Id. New York has not waived its Eleventh Amendment immunity to suit in federal court, and Congress did not abrogate the states immunity in enacting 42 U.S.C. 1983. See Trotman v. Palisades Interstate Park Comm'n, 557 F.2d 35, 40 (2d Cir. 1977). Plaintiff's 1983 claims against New York State Attorney Letitia James are, therefore, barred by the Eleventh Amendment and are DISMISSED. The Clerk of Court is directed to mail a copy of this order to Plaintiff pro se. SO ORDERED. NYS Attorney General Letitia James terminated. (Signed by Judge Analisa Torres on 7/20/2021) (kv) Transmission to Docket Assistant Clerk for processing.
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| Filing 13 LETTER from E. Stevenson, dated 7/6/21 re: I write as I have filed an Amended Complaint to the court last week. The amendment was an additional defendant, the Attorney General of New York State; and that this defendant be summoned as part of this complaint. Document filed by Eric Stevenson.(sc) |
| Filing 12 AMENDED COMPLAINT, re: amending #2 Complaint against City Council of New York, City of New York Council Speaker, Commissioner of the Board of Elections of the City of New York, Council Speaker of the City of New York, Bill De Blasio, NYS Attorney General Letitia James with JURY DEMAND.Document filed by Eric Stevenson. Related document: #2 Complaint.(sc) |
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Filing 11
FRCP 4 SERVICE PACKAGE MAILED to Eric Stevenson, at 1261 Chisholm Street, Bronx, NY 10456, on 6/23/2021 Re: #8 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (sha)
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| Filing 10 SUMMONS ISSUED as to The New York City Council, Speaker of the New York City Council, Commissioner of the New York City Board of Elections, Bill De Blasio. (sha) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 6/23/2021 Re: Judge Analisa Torres #8 Order of Service. The following document(s) were enclosed in the Service Package: Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) The New York City Council, Speaker of the New York City Council, Commissioner of the New York City Board of Elections, Bill De Blasio. (sha) |
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Filing 9
ORDER. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James L. Cott. (Signed by Judge Analisa Torres on 6/21/2021) (kv)
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Filing 8
ORDER OF SERVICE: The Court directs the Clerk of Court to mail a copy of this order to Plaintiff, together with an information package. The Court dismisses Plaintiff's claims for declaratory and injunctive relief for lack of subject-matter jurisdiction, under the Rooker-Feldman doctrine. See Fed. R. Civ. P. 12(h)(3). The Court also directs the Clerk of Court to: (1) issue summonses for Mayor Bill De Blasio, the Speaker of the New York City Council, the New York City Council itself, and the Commissioner of the New York City Board of Elections, (2) complete USM-285 forms with the service addresses for the defendants, and (3) deliver all documents necessary to effect service of summonses and the complaint on the defendants to the USMS. 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 an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Analisa Torres on 6/21/2021) (kv)
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| Transmission to Pro Se Assistants. Transmitted re: #8 Order of Service,,,,, to the Pro Se Assistants for processing..(kv) |
| Magistrate Judge James L. Cott 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. (bcu) |
| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Laura Taylor Swain is no longer assigned to the case..(bcu) |
| Filing 6 DECLARATION of Eric Stevenson re: #5 Order, Set Deadlines/Hearings. Document filed by Eric Stevenson. (sac) (Additional attachment(s) added on 6/16/2021: #1 Exhibit Supreme Court of the State of New York County of Bronx: Election Matters Part Index No. 804636/2021) (sac). |
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Filing 5
ORDER re: #2 Complaint filed by Eric Stevenson. The Court directs Plaintiff to show cause, by noon on Wednesday, June 16, 2021, why the Court should not dismiss Plaintiff's complaint insofar as it seeks declaratory and injunctive relief, under the Rooker-Feldman doctrine. Plaintiff may comply with this order by completing, signing, and submitting the attached declaration form within the time allowed. The Court also directs Plaintiff to append a copy of the Bronx County Supreme Court's May 5, 2021 decision to the submission that he files in compliance with this order, or explain why he cannot append that decision. If Plaintiff fails to comply with this order within the time allowed, or fails to show cause, the Court will dismiss this action; the Court will dismiss Plaintiff's claims for declaratory and injunctive relief for lack of subject-matter jurisdiction under the Rooker-Feldman doctrine, see Fed. R. Civ. P. 12(h)(3); Exxon Mobil Corp., 544 U.S. at 291, and his claims for damages without prejudice due to his failure to comply with this order, see Fed. R. Civ. P. 41(b). Plaintiff has consented to electronic service of court documents. (ECF 3.) 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Show Cause Response due by 6/16/2021.) (Signed by Judge Laura Taylor Swain on 6/14/2021) (Attachments: #1 Declaration) (sac)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(bcu) |
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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 Laura Taylor Swain on 6/9/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Eric Stevenson consents to receive electronic service via the ECF system. Document filed by Eric Stevenson. (sac) |
| Filing 2 COMPLAINT against City Council of New York, City of New York Council Speaker, Commissioner of the Board of Elections of the City of New York, Bill De Blasio. Document filed by Eric Stevenson. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Eric Stevenson. (sac) |
| Case Designated ECF. (sac) |
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