Brock v. The City of New York et al
| Mandela Brock |
| The City of New York, William DeBlasio, Eric Adams and The Avo Shopping Company |
| 1:2021cv11094 |
| December 28, 2021 |
| US District Court for the Southern District of New York |
| Stewart D Aaron |
| Analisa Torres |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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| Filing 51 REPLY MEMORANDUM OF LAW in Support re: #44 MOTION to Dismiss the Second Amended Complaint. . Document filed by Eric Adams, The City of New York..(Riggs, Scali) |
| Filing 50 RESPONSE TO THE CITY DEFENDANTS' MOTION TO DISMISS THE SECOND AMENDED COMPLAINT, re: #44 MOTION to Dismiss the Second Amended Complaint. Document filed by Mandela Brock. (sc) |
Filing 49
AMENDED ORDER: The Court notes the briefing schedule set by Judge Torres at ECF No. 43 with respect to Defendants' motion to dismiss the Second Amended Complaint filed at ECF No. 44 and hereby extends the deadline for Plaintiff to file his opposition to November 1, 2022. No later than November 14, 2022, Defendants shall file any reply. SO ORDERED. (Responses due by 11/1/2022, Replies due by 11/14/2022.) (Signed by Magistrate Judge Stewart D. Aaron on 10/19/2022) (kl)
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Filing 48
ORDER: No later than November 1, 2022, Plaintiff shall file his opposition to Defendants' motion to dismiss the Second Amended Complaint filed at ECF No. 44. No later than November 14, 2022, Defendants shall file any reply. SO ORDERED. ( Responses due by 11/1/2022, Replies due by 11/14/2022.) (Signed by Magistrate Judge Stewart D. Aaron on 10/18/2022) (rro)
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Filing 47
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. 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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) ECF No. 44. Referred to Magistrate Judge Stewart D. Aaron. Motions referred to Stewart D. Aaron. (Signed by Judge Analisa Torres on 10/17/2022) (rro)
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| Filing 46 DECLARATION of Scali Riggs in Support re: #44 MOTION to Dismiss the Second Amended Complaint.. Document filed by Eric Adams, The City of New York. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Riggs, Scali) |
| Filing 45 MEMORANDUM OF LAW in Support re: #44 MOTION to Dismiss the Second Amended Complaint. . Document filed by Eric Adams, The City of New York..(Riggs, Scali) |
| Filing 44 MOTION to Dismiss the Second Amended Complaint. Document filed by Eric Adams, The City of New York..(Riggs, Scali) |
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Filing 43
ORDER: granting #42 Letter Motion for Leave to File Document. The Court has reviewed Defendants' letter dated October 11, 2022. ECF No. 42. Accordingly: 1. Defendants' request for leave to file a motion to dismiss is GRANTED; 2. By October 14, 2022, Defendants shall file their motion; 3. By October 28, 2022, Plaintiff shall file his opposition; and 4. By November 14, 2022, Defendants shall file their reply, if any. The Clerk of Court is directed terminate the motion at ECF No. 42 and mail a copy of this order to Plaintiff pro se. SO ORDERED. (Signed by Judge Analisa Torres on 10/12/2022) (ama)
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| Set/Reset Deadlines: Motions due by 10/14/2022. Responses due by 10/28/2022 Replies due by 11/14/2022. (ama) |
| Filing 42 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Analisa Torres from Scali Riggs dated October 11, 2022. Document filed by Eric Adams, The City of New York..(Riggs, Scali) |
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Filing 41
ORDER striking #37 Motion to Dismiss. Accordingly, by October 11, 2022, Defendants shall submit their pre-motion letter or otherwise respond to Plaintiff's second amended complaint. The Clerk of Court is directed to strike the motion to dismiss and related filings at ECF Nos. 37-40. SO ORDERED.. (Signed by Judge Analisa Torres on 10/3/2022) (kv)
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| Filing 40 ***STRICKEN DOCUMENT. Deleted document number #40 from the case record. The document was stricken from this case pursuant to #41 Order. CERTIFICATE OF SERVICE of Motion to Dismiss and supporting documents and authorities served on Mandela Brock on September 30, 2022. Service was made by MAIL. Document filed by Eric Adams, The City of New York..(Riggs, Scali) Modified on 10/3/2022 (kv). |
| Filing 39 ***STRICKEN DOCUMENT. Deleted document number #39 from the case record. The document was stricken from this case pursuant to #41 Order. DECLARATION of Scali Riggs in Support re: #37 MOTION to Dismiss The Second Amended Complaint.. Document filed by Eric Adams, The City of New York. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Riggs, Scali) Modified on 10/3/2022 (kv). |
| Filing 38 ***STRICKEN DOCUMENT. Deleted document number #38 from the case record. The document was stricken from this case pursuant to #41 Order. MEMORANDUM OF LAW in Support re: #37 MOTION to Dismiss The Second Amended Complaint. . Document filed by Eric Adams, The City of New York..(Riggs, Scali) Modified on 10/3/2022 (kv). |
| Filing 37 ***STRICKEN DOCUMENT. Deleted document number #37 from the case record. The document was stricken from this case pursuant to #41 Order. MOTION to Dismiss The Second Amended Complaint. Document filed by Eric Adams, The City of New York..(Riggs, Scali) Modified on 10/3/2022 (kv). |
| Filing 36 (2nd) AMENDED COMPLAINT amending #27 Amended Complaint, against Eric Adams, The Avo Shopping Company, The City of New York with JURY DEMAND.Document filed by Mandela Brock. Related document: #27 Amended Complaint.(sc) |
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Filing 35
ORDER: [For the reasons stated,] it is hereby ORDERED, as follows: (1) If Plaintiff chooses to file a Second Amended Complaint, he shall do so no later than September 1, 2022, and only shall name Avo Shopping Company as an additional defendant, and shall remove former Mayor DeBlasio as a defendant. (2) No later than October 1, 2022, the City of New York shall respond to Plaintiff's operative complaint, which shall be either the Second Amended Complaint, if timely filed in accordance with paragraph 1 above, or, if not, the First Amended Complaint (ECF No. 11). (Signed by Magistrate Judge Stewart D. Aaron on 8/18/22) (Aaron, Stewart)
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| Set/Reset Deadlines: Amended Pleadings due by 9/1/2022. (kl) |
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Filing 34
ORDER for #25 Report and Recommendations. For the foregoing reasons, the Court ADOPTS the R&R in its entirety, and Plaintiff's motion for a temporary restraining order and preliminary injunction is DENIED. Further, the Court finds no merit in Plaintiff's objections to the R&R's resolution of the motion to amend, and, therefore, those objections are OVERRULED. The Clerk of Court is directed to mail a copy of this order to Plaintiff pro se. SO ORDERED. (Signed by Judge Analisa Torres on 8/17/2022) (kv)
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Filing 33
ORDER granting in part and denying in part #32 Letter Motion for Extension of Time. The City's Letter Motion filed at ECF No. 32 is GRANTED IN PART and DENIED IN PART. Regarding the City's statement that "Plaintiff has since indicated that he no longer consents to proceeding before a Magistrate [Judge]," the Court notes that Plaintiff never consented to a Magistrate Judge. Rather, Judge Torres referred this case to the undersigned for general pretrial purposes and to make a report and recommendation to her with respect to certain of Plaintiff's motions. (Am. Order of Ref., ECF No. 23.) On 1/28/2022, the undersigned, as part of the general pretrial referral, ordered that "Plaintiff may, within fourteen (14) days, file a Second Amended Complaint adding only Avo Shopping Company as a defendant, but not Valtzer, Thomas and Rodriguez." (ECF No. 25.) (The undersigned also made a recommendation on the same date, in the same document, with respect to Plaintiff's motion for injunctive relief. (Id.)) On 1/30/2022, Plaintiff filed what can be construed as objections to the undersigned's Order regarding Plaintiff's Second Amended Complaint, and to his recommendation regarding injunctive relief. (ECF No. 26.) Judge Torres has not yet acted on Plaintiff's objections. On 2/17/2022, Plaintiff filed a "Proposed Amended Complaint" that is not in compliance with the Court's Order, because it names as defendants Valtzer, Thomas and Rodriguez. (ECF No. 27.) Plaintiff also improperly named as a defendant former Mayor DiBlasio, who on 1/7/2022 was terminated from the case. (ECF No. 7.) Thus, Plaintiff's document filed at ECF No. 27 is a nullity. Pending Judge Torres' decision regarding Plaintiff's objections, the time for Defendants to respond to any of Plaintiff's pleadings is adjourned sine die. After Judge Torres rules on Plaintiff's objections, the Court shall set a schedule for Plaintiff to file any amended pleading, in compliance with the Court's Orders, and for Defendants to respond. (Signed by Magistrate Judge Stewart D. Aaron on 5/19/2022) (rro)
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| Filing 32 FIRST LETTER MOTION for Extension of Time to answer or respond to the complaint addressed to Magistrate Judge Stewart D. Aaron from Scali Riggs dated May 18, 2022. Document filed by The City of New York..(Riggs, Scali) |
| Filing 31 NOTICE OF APPEARANCE by Scali Riggs on behalf of The City of New York..(Riggs, Scali) |
| Filing 30 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. The City of New York, served on 5/3/2022, answer due 5/24/2022. Service was accepted by Linda Lawyer- Reception/Staff. Document filed by Mandela Brock. (sc) |
| Filing 29 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Eric Adams, served on 5/3/2022, answer due 5/24/2022. Service was accepted by Linda Lawyer- Reception/Staff, Unit Chief. Document filed by Mandela Brock. (sc) |
| Filing 28 LETTER addressed to Judge Analisa Torres from M. Brock, dated 3/24/22 re: I am writing you this letter to ask the status of this action etc. From the current events, the Court should be aware that Eric Adams, the Mayor of New York City, is still in violation of the "Equal Protection of the Law" clause(s) of the United States Constitution. I beseech this Court to address this matter or dismiss it without prejudice, so that I may refile so that an emergency appeal may be filed. Document filed by Mandela Brock.(sc) |
| Filing 27 (2ND)PROPOSED AMENDED COMPLAINT, re: amending #24 Amended Complaint, against Eric Adams, The City of New York, William DeBlasio, Dekel Valtzer, Kyle Thomas, and Joanne Rodriguez, with JURY DEMAND.Document filed by Mandela Brock. Related document: #24 Amended Complaint.(sc) |
| Filing 26 LETTER addressed to Judge Analisa Torres from M. Brock, re: "REPORT & RECOMMENDATION" -Please take notice that the plaintiff no longer consents to this action being adjudicated by a Magistrate for, the plaintiff believes, and it can be reasonably inferred, that this Magistrate Judge, Stewart A. Aaron, adjudicates by exhibiting biases and abusing his discretion for he stated, "The Court in its discretion, finds that the plaintiff has not plausibly alleged any claims against Defendants Valtzer, Thomas and Rodriguez etc." Document filed by Mandela Brock.(sc) Modified on 2/7/2022 (nb). |
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Filing 25
REPORT AND RECOMMENDATION AND ORDER: For the foregoing reasons it is hereby ORDERED that Plaintiff's motion for leave to amend is GRANTED IN PART and DENIED IN PART. Plaintiff may, within fourteen (14) days, file a Second Amended Complaint adding only Avo Shopping Company as a defendant, but not Valtzer, Thomas and Rodriguez. In addition, pursuant to the January 7, 2022 Order of Service previously entered in this case, Plaintiff shall remove former Mayor DeBlasio as a defendant in this case. In addition, I respectfully recommend that Plaintiffs motion for preliminary injunction and TRO be DENIED. SO ORDERED. Objections to R&R due by 2/11/2022 (Signed by Magistrate Judge Stewart D. Aaron on 1/28/2022) (kl)
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Filing 23
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. 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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Preliminary Injunction and Temporary Restraining Order - ECF Nos. 12; 20. Specific Non-Dispositive Motion/Dispute Proposed Order to Show Cause for a Letter re Amending Complaint - ECF Nos. 15, 22. Referred to Magistrate Judge Stewart D. Aaron. (Signed by Judge Analisa Torres on 1/25/2022) (ate)
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| Filing 24 PROPOSED (2ND) AMENDED COMPLAINT, re: amending #11 Amended Complaint against AVO Shipping Company, Eric Adams, William DeBlasio, Joanne Rodriguez, The City of New York, Kyle Thomas, Dekel Valtzer with JURY DEMAND.Document filed by Mandela Brock. Related document: #11 Amended Complaint.(sc) |
| Filing 22 LETTER addressed to Judge Analisa Torres from M. Brock dated 1/20/22 re: I am writing you this letter to ask if I may Amend my Complaint to add my employers Avo Shipping Company etc. Document filed by Mandela Brock.(sc) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #20 Proposed Order to Show Cause Without Emergency Relief, was reviewed and approved as to form. (dt) |
| Filing 21 AMENDED AFFIDAVIT(Affirmaton) of M. Brock IN SUPPORT OF AN ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION & TEMPORARY RESTRAINING ORDER, re: #20 Proposed Order to Show Cause Without Emergency Relief. Document filed by Mandela Brock. (Attachments: #1 Exhibit)(sc) |
| Filing 20 AMENDED PROPOSED ORDER TO SHOW CAUSE (WITHOUT EMERGENCY RELIEF)FOR PRELIMINARY INJUNCTION & TEMPORARY RESTRAINING ORDER. Document filed by Mandela Brock. (Attachments: #1 Exhibit).(sc) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***DELETED DOCUMENT. Deleted document number 19 Amended Complaint. The document was incorrectly filed in this case. (sc) |
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Filing 18
ORDER: By Order, dated January 20, 2022 (see Am. Order of Ref., ECF No. 17), Plaintiff's letter, dated January 20, 2022, seeking to amend his complaint for a second time1 (see Pl.'s 1/20/22 Ltr., ECF No. 15), was referred to the undersigned for disposition. In his January 20 letter, Plaintiff requests that "he be allowed to amend his filing, adding Avo Shopping Company to the instant action." (See id.) The Court construes Plaintiffs letter as a motion to amend, pursuant to Rule 15 of the Federal Rules of Civil Procedure. For the reasons set forth below, Plaintiff's motion is DENIED WITHOUT PREJUDICE. It is a "general rule that a motion to amend must be accompanied by a proposed amended pleading." See Taylor v. Trigeno, No. 16-CV-01143 (GHW), 2021 WL 6070444, at *3 (S.D.N.Y. Dec. 21, 2021). A copy of the proposed amended complaint must accompany the motion so that the Court can understand the exact changes sought, see In re Crude Oil Commodity Litig., No. 06-CV- 06677 (NRB), 2007 WL 2589482, at *4 (S.D.N.Y. Sept. 8, 2007), as well as the relief sought as to each of the defendants. Thus, if Plaintiff wishes to be granted leave to file another amended pleading, he shall file a proposed Second Amended Complaint no later than January 28, 2022. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 1/21/2022) (js)
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| Set/Reset Deadlines: Amended Pleadings due by 1/28/2022. (js) |
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Filing 17
AMENDED ORDER OF REFERENCE TO A MAGISTRATE JUDGE. 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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) Prelimina1y Injunction and Temporary Restraining Order - ECF No. 12 and Specific Non-Dispositive Motion/Dispute Proposed Order to Show Cause for a Letter re Amending Complaint - ECF No. 15. Referred to Magistrate Judge Stewart D. Aaron. (Signed by Judge Analisa Torres on 1/20/2022) (kv)
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| Filing 16 CERTIFICATE OF SERVICE of copy of Affidavit in Support of Order to Show Cause with a TRO & Proposed Order with TRO; served on New York City Corporation Counsel on 1/20/22. Service was made by email to serviceecf@law.nyc.gov. Document filed by Mandela Brock. (sc) |
| Filing 15 LETTER from M. Brock, dated 1/20/22 re: I am writing this letter to ask if I may amend my Complaint to add my employer, Avo Shopping Company, whose corporate offices are located at 328 25th Street, New York, NY 10010. Avo Shopping Company is a "private company" but has moved into the realm of being a "state actor" etc. Document filed by Mandela Brock.(sc) |
| Filing 14 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Mandela Brock consents to receive electronic service via the ECF system. Document filed by Mandela Brock.(sc) |
| Filing 13 AFFIDAVIT(Affirmation) of Mandela Brock IN SUPPORT OF AN ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION & TEMPORARY RESTRAINING ORDER, re: #12 Proposed Order to Show Cause Without Emergency Relief. Document filed by Mandela Brock. (Attachments: #1 Exhibit)(sc) |
| Filing 12 PROPOSED ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION & TEMPORARY RESTRAINING ORDER(WITHOUT EMERGENCY RELIEF). Document filed by Mandela Brock. (sc) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #12 Proposed Order to Show Cause Without Emergency Relief, was reviewed and approved as to form. (dt) |
| Filing 11 AMENDED COMPLAINT, re: amending #2 Complaint against Eric Adams, William DeBlasio, The City of New York with JURY DEMAND.Document filed by Mandela Brock. Related document: #2 Complaint.(sc) |
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Filing 10
INFORMATION PACKAGE MAILED to Mandela Brock 366 West 127th Street Apt. 5F New York, NY 10027, at, on 1/7/2022 Re: #7 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, Order granting IFP application, 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). (aan)
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Filing 9
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. 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 Stewart D. Aaron. (Signed by Judge Analisa Torres on 1/7/2022) (kv)
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Filing 8
ORDER re: #3 Order to Show Cause - Unsigned filed by Mandela Brock. Plaintiffs request for a TRO and preliminary injunction (ECF No. 3) is denied without prejudice to renewal at a later date. 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 Analisa Torres on 1/7/2022) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing 7
ORDER OF SERVICE: The Clerk of Court is directed, pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, to substitute Eric Adams, in his official capacity as Mayor of the City of New York, for former Mayor Bill DeBlasio. The Clerk of Court is further instructed to issue summonses, complete the USM-285 forms with the addresses for the City of New York and Mayor Eric Adams, and deliver all documents necessary to effect service to the U.S. Marshals Service. 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, 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 Analisa Torres on 1/7/2022) (kv) Transmission to Pro Se Assistants for processing.
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| SUMMONS ISSUED as to Eric Adams, The City of New York. (aan) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 1/7/2022 Re: Judge Analisa Torres #7 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) Eric Adams, The City of New York. (aan) |
| Mailed a copy of #8 Order to Mandela Brock at 366 West 127th Street, Apt. 5F, New York, NY 10027. (kh) |
| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case. (aea) |
| Magistrate Judge Stewart D. Aaron 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. (aea) |
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Filing 5
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 1/5/2022) (vn) Transmission to Docket Assistant Clerk for processing.
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| Filing 4 LETTER from M. Brock, dated 1/5/22 re: My Complaint included a request for a TRO and an Injunction against the named defendants for the institution of their mandated vaccination which is discriminatory etc. This mandate has unconstitutionally created a favored class of citizens/ nationals. Further, said mandate unconstitutionally denied equal access to public and private facilities.The need for a TRO and an Injunction against the defendants is urgent for I have now been denied the right to work(EXHIBIT A) at my place of employment. Document filed by Mandela Brock. (Attachments: #1 Exhibit)(sc) |
| Filing 3 UNSIGNED ORDER TO SHOW CAUSE For Preliminary Injunction and Temporary Restraining Order filed by Mandela Brock. (rdz) |
| Filing 2 COMPLAINT against William DeBlasio, The City of New York. Document filed by Mandela Brock..(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Mandela Brock..(rdz) |
| Case Designated ECF. (rdz) |
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