Caldwell v. City of New York et al
| Emmett Caldwell |
| City of New York, NYC Board of Education, PS 123, John Doe 1-7, P.S. 123 Principal and John Doe |
| 1:2021cv06560 |
| August 2, 2021 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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Mailed a copy of #10 Order 60 Days Other (case opening) to Emmett Caldwell at P.O Box 16309, San Juan, Puerto Rico 00907. (kh)
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Filing 10
ORDER TO SHOW CAUSE: Plaintiff is directed to file a declaration within sixty days of the date of this order showing why the complaint should not be dismissed as time-barred. Plaintiff must submit the declaration to this Court's Pro Se Intake "Declaration," and label the document with docket number 21-CV-6560 (LTS). A declaration form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the complaint will be dismissed as time- barred by the statute of limitations. All outstanding motions are denied, and the Clerk of Court is directed to terminate them. (ECF 8, 9.) 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 Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/27/21) (rdz) Transmission to Docket Assistant Clerk for processing.
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Filing 9
MOTION FOR STAY OF ALL PROCEEDINGS UNTIL COMPLAINT CAN BE CORRECTED AS NOTARIZED 1ST PAGE & OTHER PAGES OMITTED BY ERROR, FOR PRO BONO COUNSEL OR ASSIGNED ATTORNEY, FOR AMERICANS WITH DISABILITY RELIEF, AND TO BAR JUDGE PRESKA FROM CASE. Document filed by Emmett Caldwell.(sc) Modified on 8/20/2021 (sc).
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Filing 8
ADDENDUM & AMENDMENT TO APPLICATION MOTION FOR LEAVE TO FILE EX PARTE & APPROPRIATE RELIEFS RE: UNCONSTITTUTIONAL BARR ORDER VS. RIGHT TO FILE COMPLAINT UNDER CHILD VICTIMS ACT/ ALSO MOTION FOR PREFERENCE FILING AND SERVICE & ADJUDICATION PER CHILD VICTIMS ACT. Document filed by Emmett Caldwell. (sc)
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Filing 7
ORDER granting #2 MOTION re: for Leave to File Complaint; denying as moot #5 EX-PARTE PRE-CONFERENCE MOTION PER CPLR G21430 103F AND FED RULES MOTION TO EXPEDITE U.S. MARSHAL SERVICE BEFORE AUG 13 LAST DAY TO SERVE DEFENDANT; denying as moot #6 EMERGENCY MOTION FOR ELECTRONIC SERVICE OF SUMMONS & THE COMPLAINT IMMEDIATELY DUE TO FRIDAY 13 LAST DAY TO SERVE. The motion for leave to file is granted to the extent set forth in this order. Plaintiff is also granted leave to proceed in forma pauperis. The emergency motions are denied as moot. The Clerk of is directed to terminate all pending motions. (ECF 2, 5, 6.) The Court will issue a separate order addressing the merits of Plaintiff's claims under the CVA. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the 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 IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Laura Taylor Swain on 8/12/2021) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 6
EMERGENCY MOTION FOR ELECTRONIC SERVICE OF SUMMONS & THE COMPLAINT IMMEDIATELY DUE TO FRIDAY 13 LAST DAY TO SERVE. Document filed by Emmett Caldwell.(rdz)
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(wb)
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Mailed a copy of #7 Order on Motion for Miscellaneous Relief, Order on Motion for Leave to File Document to Emmett Caldwell at P.O Box 16309, San Juan, Puerto Rico 00907. (kh)
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Filing 5
EX-PARTE PRE-CONFERENCE MOTION PER CPLR G21430 103F AND FED RULES MOTION TO EXPEDITE U.S. MARSHAL SERVICE BEFORE AUG 13 LAST DAY TO SERVE DEFENDANT. Document filed by Emmett Caldwell.(rdz)
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Filing 4
ADDENUM & AMMENDMENT TO APPLICATION to 2 MOTION for Leave to File Complaint. Document filed by Emmett Caldwell. (rdz)
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Filing 3
COMPLAINT against P.S. 123 Principal, John Doe, City of New York, John Doe 1-7, NYC Board of Education, PS 123. Document filed by Emmett Caldwell. (Attachments: #1 Main Document) (sac) Modified on 8/12/2021 (sac).
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Filing 2
MOTION re: for Leave to File Complaint. Document filed by Emmett Caldwell. (sac)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Emmett Caldwell. (sac)
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Case Designated ECF. (sac)
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