Kellier v. Ross et al
| Joshua Kellier |
| Mr. Neil Ross, Mrs. Nicole Beckford and Mrs. Elise Biben |
| 1:2022cv02506 |
| March 28, 2022 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 vc Fed. Question: Violation of Constitutional Rights |
| None |
Docket Report
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This docket was last retrieved on May 2, 2022. A more recent docket listing may be available from PACER.
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| MAILING RECEIPT: Document No: 10-11. Mailed to: Joshua Kellier P.O. Box 23678 Brooklyn, NY 11201. (kh) |
Filing 11
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that Plaintiff's claims under 42 U.S.C. 1983 and 1981 are dismissed under the doctrine of absolute judicial immunity. See 28 U.S.C. 1915(e)(2)(B)(iii). Plaintiff's claims for injunctive relief are dismissed under the Younger abstention doctrine. The Court dismisses Plaintiff's claims for habeas corpus relief without prejudice. The Court declines to exercise supplemental jurisdiction over any state law claims Plaintiff may be asserting. See 28 U.S.C. 1367(c)(3). Because Plaintiff makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith. (Signed by Judge Laura Taylor Swain on 4/29/2022) (Attachments: #1 Pro Se Appeal Package) (sac)
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Filing 10
ORDER OF DISMISSAL: The Court dismisses Plaintiff's claims under Section 1983 and Section 1981 under the doctrine of absolute judicial immunity. See 28 U.S.C. 1915(e)(2)(B)(iii). Plaintiff's claims for injunctive relief are dismissed under the Younger abstention doctrine. The Court dismisses Plaintiff's claims for habeas corpus relief without prejudice. The Court declines to exercise supplemental jurisdiction over any state law claims Plaintiff may be asserting. See 28 U.S.C. 1367(c)(3). Plaintiff's application for the Court to request pro bono counsel (ECF 3) is denied as moot. Because Plaintiff makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. 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). (Signed by Judge Laura Taylor Swain on 4/29/2022) (sac)
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| MAILING RECEIPT: Document No: 9. Mailed to: Joshua Kellier P.O. Box 23678 Brooklyn, NY 11201. (kh) |
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Filing 9
ORDER denying #5 EMERGENCY MOTION APPLICATION/ NOTICE OF MOTION, re: for Hearing to hear and determine his IFP application and status to address the merits of his Complaint etc.; denying #8 2ND EMERGENCY MOTION APPLICATION/NOTICE OF MOTION (JUDICIAL DECLARATION & REQUEST FROM THE COURT), re: to advance the trial on the merits and consolidate it with the hearing before 5/5/22. Plaintiff's requests for preliminary injunctive relief (ECF 5, 8) are denied. 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). (Signed by Judge Laura Taylor Swain on 4/21/2022) (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. (vba) |
| Filing 8 2ND EMERGENCY MOTION APPLICATION/NOTICE OF MOTION(JUDICIAL DECLARATION & REQUEST FROM THE COURT), re: to advance the trial on the merits and consolidate it with the hearing before 5/5/22. Document filed by Joshua Kellier.(sc) Modified on 4/20/2022 (sc). |
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Filing 7
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 4/14/2022) (vn)
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| Filing 6 DECLARATION of Joshua Kellier in Support re: #5 (emergency) MOTION for Hearing. Document filed by Joshua Kellier. (sc) |
| Filing 5 EMERGENCY MOTION APPLICATION/ NOTICE OF MOTION, re: for Hearing to hear and determine his IFP application and status to address the merits of his Complaint etc. Document filed by Joshua Kellier.(sc) |
| Filing 4 LETTER from Joshua Kelier, dated 4/12/22 re: Attached is a copy of Mr. Kellier's "Complaint of Misconduct" and/or "Disability" etc. Document filed by Joshua Kellier.(sc) |
| Filing 3 APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Joshua Kellier. (sac) |
| Filing 2 COMPLAINT against Nicole Beckford, Elise Biben, Neil Ross. Document filed by Joshua Kellier. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Joshua Kellier. (sac) |
| Case Designated ECF. (sac) |
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