Rosen et al v. The State of Florida et al
| Samuel D. Rosen and Trustee of the Samuel D. Rosen, 2006 Trust |
| The State of Florida, The Honorable Charles T. Canady, Honorable Kevin Emas and Honorable Jeffrey Levenson |
| 1:2022cv06938 |
| August 12, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Laura Taylor Swain |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 20, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| MAILING RECEIPT: Document No: 10-11. Mailed to: Samuel D. Rosen 6000 Williams Island Apt. 905 Aventura, FL 33160. (kh) Modified on 9/20/2022 (kh). |
| Filing 12 Request for Subpoena Received: Request for 1 subpoena(s) from Samuel Rosen received on 9/19/22. (sc) |
Filing 11
CIVIL JUDGMENT: For the reasons stated in the September 19, 2022, order, this action is dismissed. 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. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/19/2022) (Attachments: #1 Pro Se Appeal Package) (sac)
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Filing 10
ORDER OF DISMISSAL: Plaintiff's complaint is dismissed based on judicial and Eleventh Amendment immunity and as frivolous. 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). The Clerk of Court is directed to enter judgment. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/19/2022) (sac)
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| Filing 9 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Samuel D. Rosen. Related Document Number: #4 ..(Johnson, Steven) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 8 LETTER addressed to Judge Laura Taylor Swain from S. Rosen, dated 8/28/22 re: First, please see the accompanying envelope addressed to the Clerk of the Court. It contains a bank check for the $402.00 filing fee etc. Please have your Chambers fax your fax number, and also your Chambers' room number in the Courthouse. Please keep in mind that I am bedridden etc. Document filed by Samuel D. Rosen.(sc) |
| Filing 7 LETTER addressed to Judge Laura Taylor Swain from S. Rosen, dated 8/27/22 re: I spoke to the Clerk's Office before I sent in the Complaint with my cover letter, and afterwards when I received a notice that my check was unacceptable. Yours of 8/18/22 makes clear that a personal check may be acceptable but only if on the account of "an active attorney who is admitted to practice in this Court." I do not believe I qualify as "active" and therefore that is one difference from what I was told by the Clerk's Office. Document filed by Samuel D. Rosen.(sc) |
| Pro Se Payment of Fee Processed: $402.00 Check processed by the Finance Department on 09/08/2022, Receipt Number 5346. (ps) |
| Filing 6 LETTER addressed to Judge Laura Taylor Swain from S. Rosen, dated 8/28/22 re: Please read the accompanying envelope addressed to the Clerk of Court. It contains a bank check for the $402 filing fee. If it meets with your approval, could you please send it on to the Clerk? Document filed by Samuel D. Rosen.(sc) |
| Filing 5 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Samuel D. Rosen. (Attachments: #1 Affidavit Rosen Affirmation, #2 Exhibit Exhibit 1 to Rosen Affirmation, #3 Exhibit Exhibit 2 to Rosen Affirmation).(Johnson, Steven) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 4 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Samuel D. Rosen. (Attachments: #1 Text of Proposed Order Proposed OSC, #2 Affidavit Rosen Affirmation, #3 Exhibit Exhibit 1 to Rosen Affirmation, #4 Exhibit Exhibit 2 to Rosen Affirmation, #5 Exhibit Exhibit 3 to Rosen Affirmation, #6 Exhibit Exhibit 4 to Rosen Affirmation, #7 Exhibit Exhibit 5 to Rosen Affirmation).(Johnson, Steven) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 3 AMENDED COMPLAINT, re: amending #1 Complaint against Charles T. Canady, Kevin Emas, Jeffrey Levenson, The State of Florida with JURY DEMAND.Document filed by Samuel D. Rosen, Trustee of the Samuel D. Rosen, 2006 Trust. Related document: #1 Complaint.(sc) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
| Mailed a copy of #2 Order Directing Payment of Fee or IFP Application, to Samuel D. Rosen 6000 Williams Island Apt. 905 Aventura, FL 33160. (dsh) |
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Filing 2
ORDER DIRECTING PAYMENT OF FEE: The Clerk of Court is directed to return the deficient check. Plaintiff is directed to render proper payment of the filing fee within thirty (30) days of the date of this order. The Clerk of Court is directed to assign this matter to my 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 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 9/19/2022. In Forma Pauperis (IFP) Application due by 9/19/2022. (Signed by Judge Laura Taylor Swain on 8/18/2022) (keb) Transmission to Finance Unit (Cashiers) for processing.
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| Deficient Pro Se Payment of Fee Received: Personal Check: Incorrect Payment Type received by the Finance Department on 08/12/2022, in the amount of $402.00. Payment will be held by the Finance Office pending further order of the Court. (ps) |
| Filing 1 COMPLAINT against Charles T. Canady, Kevin Emas, Jeffrey Levenson, The State of Florida. Document filed by Samuel D. Rosen, Trustee of the Samuel D. Rosen, 2006 Trust. (Attachments: #1 Civil Cover Sheet) (sac) |
| Case Designated ECF. (sac) |
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