Dillon v. Rosen et al
| Chauncey Dillon |
| Harvey Rosen, James McQueeney, Esq., Bonnie Wittner and Mark J. Murphy |
| 1:2022cv07035 |
| August 17, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Laura Taylor Swain |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on September 30, 2022. A more recent docket listing may be available from PACER.
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| Mailed a copy of the docket sheet to Chauncey Dillon, 05-A-0042 at Sullivan Correctional Facility 325 Riverside Drive P.O. Box 116 Fallsburg, NY 12733-0116. (dsh) |
| MAILING RECEIPT: Document No: 5-6. Mailed to: Chauncey Dillon 05-A-0042 Sullivan Correctional Facility 325 Riverside Drive P.O. Box 116 Fallsburg, NY 12733-0116. (dsh) |
| Filing 7 LETTER addressed to Judge Laura Taylor Swain from C. Dillon, dated 9/26/22 re: "WITHDRAWL OF 42:1983 COMPLAINT" - Notwithstanding my payment of the filing fees, I will no longer pursue this action, and I request that the Court immediately close this case without prejudice. Document filed by Chauncey Dillon.(sc) |
Filing 6
CIVIL JUDGMENT: For the reasons stated in the September 28, 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 9/28/2022) (Attachments: #1 Pro Se Appeal Package) (sac)
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Filing 5
ORDER OF DISMISSAL: This Court dismisses this Section 1983 action. The Court dismisses the following claims: (1) Plaintiff's claims against Acting Justice Wittner, under the doctrine of judicial immunity and as frivolous, see 28 U.S.C. 1915A(b)(1), (2); (2) Plaintiff's claims for damages against Assistant District Attorney Rosen, under the doctrine of prosecutorial immunity and as frivolous, see id.; (3) Plaintiff's claims for damages against Detective Murphy that arise from his testimony, under the doctrine of witness immunity, see 1915A(b)(2); (4) Plaintiff's claims of false arrest and malicious prosecution against Detective Murphy, for failure to state a claim on which relief may be granted, see 1915A(b)(1); (5) Plaintiff's claims against Defendant McQueeney, for failure to state a claim on which relief may be granted, see id; and (6) Plaintiff's claims in which he challenges his state-court final judgment of conviction, under the Rooker-Feldman doctrine, for lack of subject matter jurisdiction, see Fed. R. Civ. P. 12(h)(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). Judgement shall issue. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/28/2022) (sac)
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| Pro Se Payment of Fee Processed: $402.00 Check processed by the Finance Department on 08/31/2022, Receipt Number 5127. (stt) |
| Filing 4 LETTER from C. Dillon, dated 8/24/22 re: Please find enclosed a check in the full amount of $402.00 for the filing fee within the above-listed Southern District Court of the United States in full etc. It is submitted to the Honorable Court that, due to the ability of the listed plaintiff's financial ability, he has paid in full for the requested filing. Document filed by Chauncey Dillon.(sc) |
| MAILING RECEIPT: Document No: 3. Mailed to: Chauncey Dillon 05-A-0042 Shawangunk Correctional facility P.O. Box 700 Wallkill, NY 12589. (dsh) |
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Filing 3
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office 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) (sha)
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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 2 PRISONER AUTHORIZATION. Document filed by Chauncey Dillon..(rdz) |
| Filing 1 COMPLAINT against James McQueeney, Esq, Mark J. Murphy, Harvey Rosen, Bonnie Wittner. Document filed by Chauncey Dillon..(rdz) |
| Case Designated ECF. (rdz) |
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