Ryzhov v. $5,379,876.94 In United States Currency Formerly on Deposit in Sunflower Bank, NA et al
| Evgeny Ryzhov |
| $5,379,876.94 In United States Currency Formerly on Deposit in Sunflower Bank, NA, Konstantin Malofeyev and Tsargrad TV |
| 1:2023cv01072 |
| February 7, 2023 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| P.I.: Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on June 24, 2024. A more recent docket listing may be available from PACER.
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Received returned mail re: #10 Order, Set Deadlines. Mail was addressed to Evgeny Ryzhov, 250 174th, Apt. 1918, Sunny Isles Beach, FL 33160 and was returned for the following reason(s): Return To Sender Not Deliverable As Addressed Unable To Forward. (vn)
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Mailed a copy of #10 Order, Set Deadlines, to Evgeny Ryzhov 250 174th Apt. 1918 Sunny Isles Beach, FL 33160. (dsh)
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Filing 10
ORDER with respect to (11 in case 1:22-cv-10148-JMF) Motion to Reopen. On February 7, 2023, Plaintiff Evgeny Ryzhov brought a separate civil action pro se against three defendants: (1) $5,379,876.94 in United States currency formerly on deposit in Sunflower Bank, N.A.; (2) Konstantin Malofeyev; and (3) Tsargrad TV. See Ryzhov v. $5,379,876.94, No. 23-CV-1072, ECF No. 1. By Order entered yesterday, the Court severed Ryzhov's claim against the $5,379,876.94 and directed that it be filed in this case. See Ryzhov v. $5,379,876.94, No. 23-CV-1072, ECF No. 8. The Court will treat the claim - which has now been filed in this case, see ECF No. 11 - to be a motion to reopen this case. Plaintiff shall respond to the motion by April 7, 2023; any reply shall be filed by April 21, 2023. The Clerk of Court is directed to mail a copy of this order to Ryzhov and, out of an abundance of caution, to docket it in both this case and in No. 23-CV-1072. Ryzhov is informed that if he wishes to consent to consent to electronic service in this case, as he did in No. 23-CV- 1072, he must file a notice of consent in this case as well. SO ORDERED. ( Replies due by 4/21/2023., Responses due by 4/7/2023) (Signed by Judge Jesse M. Furman on 3/17/2023) (vfr)
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Filing 9
ORDER DIRECTING PAYMENT OF FEE OR AMENDED IFP APPLICATION: Accordingly, within thirty days of the date of this order, Plaintiff must either pay the $402.00 in fees or submit an amended IFP application that is fully completed. If Plaintiff submits the amended IFP application, it should be labeled with docket number 23- CV-1072 (JMF). If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed without prejudice to Plaintiffs refiling it. No summons shall issue at this time. 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 appellant demonstrates good faith when seeking review of a nonfrivolous issue). Filing Fee due by 4/17/2023. In Forma Pauperis (IFP) Application due by 4/17/2023. (Signed by Judge Jesse M. Furman on 3/16/2023) (tro)
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Filing 8
ORDER. The Court therefore directs the Clerk of Court to sever Plaintiff's claim against the $5,379,876.94 in United States currency formerly on deposit in Sunflower Bank, N.A., and have Plaintiff's complaint docketed as a motion to reopen in 1:22-CV-10148 (JMF). Plaintiff's remaining claims will remain under this docket number as a separate civil action. The Court will enter appropriate orders in each action in due course. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/16/23) (yv) Transmission to Office of the Clerk of Court for processing.
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Filing 7
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Evgeny Ryzhov consents to receive electronic service via the ECF system. Document filed by Evgeny Ryzhov.(sc)
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MAILING RECEIPT: Document No: 6. Mailed to: Evgeny Ryzhov 250 174th Apt. 1918 Sunny Isles Beach, FL 33160. (kh)
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Filing 6
ORDER: The Court directs Plaintiff to show cause, by written declaration made within 14 days, why his claim against the $5,379,876.94 in United States currency formerly on deposit in Sunflower Bank, N.A., should not be recharacterized as an application to reopen the judgment of forfeiture in United States of America v. $5,379,876.94, No. 1:22-CV-10148 (JMF). If Plaintiff fails to respond within the time allowed, the Court will: (1) sever Plaintiff's claims against Tsargrad TV and Konstantin Malofeyev and have them opened as a separate civil action; and (2) have the remaining claim against the $5,379,876.94 in United States currency formerly on deposit in Sunflower Bank, N.A., 23-CV-1072 (JMF) (ECF 1), docketed as a motion to reopen in 1:22-CV-10148 (JMF). Plaintiff's IFP application remains pending while the Court determines the characterization of this matter. A summons shall not issue from this Court at this time. (Signed by Judge Jesse M. Furman on 2/27/2023) (rro)
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Magistrate Judge Ona T. Wang 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. (sac)
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NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Laura Taylor Swain is no longer assigned to the case. (sac)
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Filing 4
APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Evgeny Ryzhov.(sc)
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MAILING RECEIPT: Document No: 3. Mailed to: Evgeny Ryzhov 250 174th Apt. 1918 Sunny Isles Beach, FL 33160. (kh)
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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 Finance Department is directed to return the $402.00 personal check. 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 3/15/2023. In Forma Pauperis (IFP) Application due by 3/15/2023. (Signed by Judge Laura Taylor Swain on 2/13/2023) (Attachments: #1 IFP application) (keb)
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac)
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Deficient Pro Se Payment of Fee Received: Incorrect Payment Type received by the Finance Department on 02/07/2023, in the amount of $402.00. Payment will be held by the Finance Office pending further order of the Court. (stt)
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Filing 2
CIVIL COVER SHEET.(rdz)
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Filing 1
COMPLAINT against $5,379,876.94 In United States Currency Formerly on Deposit in Sunflower Bank, NA, Konstantin Malofeyev, Tsargrad TV. Document filed by Evgeny Ryzhov..(rdz)
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Case Designated ECF. (rdz)
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