Carter v. Sewell et al
Plaintiff: Darryl C. Carter and Darryl Chadwich Carter
Defendant: Keechant L. Sewell, Kathy Hochul and Letitia James
Case Number: 1:2023cv01139
Filed: February 7, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Robert W Lehrburger
Referring Judge: Jennifer L Rochon
Nature of Suit: Constitutional - State Statute
Cause of Action: 28 U.S.C. § 2201 Constitutionality of State Statute(s)
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 12, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 6, 2023 Opinion or Order Filing 17 NOTICE of Notice of Service Delays and Congressional Referral to Fraudnet re: #8 Order of Service,,,,,, Terminate Motions,,,,,. Document filed by Darryl Chadwich Carter..(Carter, Darryl)
March 17, 2023 Opinion or Order Filing 16 ORDER terminating #14 Motion for Order to Show Cause. This Order addresses Plaintiff's motion at Dkt. 14 concerning his issues with the electronic filing system. The SDNY Help Desk is unable to approve a request for e-filing submitted through PACER if a case number is not included in the request. Plaintiff is instructed to re-submit his e-filing request on PACER by logging into his PACER account, selecting the Southern District of New York from the drop-down menu, selecting the "request e-filing privileges" option through the Maintenance tab, and selecting the "pty" (party) link to access the electronic request form. The case number of this case (23-CV-01139) must be included on the form. If there is not a designated field for a case number, Plaintiff may enter the case number in the "party information" field or any other field on the form. The Help Desk will approve the e-filing request once it is received as long as it contains the correct case number. Should Plaintiff still experience issues e-filing in this case, he may call the Help Desk at (212) 805-0800 ext. 2 or PACER support at 800-676-6856. The Clerk of Court is respectfully requested to terminate the motion at Dkt. 14, mail a copy of this order to the pro se plaintiff, and note the mailing on the docket. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/17/2023) (tg)
March 16, 2023 Opinion or Order Filing 15 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute, ECF. No. 14. General Pretrial AND Dispositive Motion. Referred to Magistrate Judge Robert W. Lehrburger. SO ORDERED. Motions referred to Robert W. Lehrburger. (Signed by Judge Jennifer L. Rochon on 3/16/2023) (jca)
March 16, 2023 Opinion or Order Filing 14 PLAINTIFF'S MOTION FOR AN ORDER TO SHOW CAUSE(OR ALTERNATIVE ORDER) PER S.D.N.Y. HELP-DESK AND/OR PACER NON-COMPLIANCE WITH THE COURT'S ORDER. Document filed by Darryl C. Carter.(sc)
March 16, 2023 Opinion or Order Filing 13 INFORMATION PACKAGE MAILED to Darryl C. Carter, at 1734 Webster Ave., Bronx, NY 10457, on 3/16/2023 Re: #8 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, 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).(sha)
March 16, 2023 Opinion or Order Filing 12 SUMMONS ISSUED as to Kathy Hochul, Letitia James, Keechant L. Sewell. (sha)
March 16, 2023 Opinion or Order FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 3/16/2023 Re: Judge Jennifer L. Rochon #8 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) Kathy Hochul, Letitia James, Keechant L. Sewell. (sha)
March 15, 2023 Opinion or Order Filing 11 LETTER from D. C. Carter, dated 3/15/23 re: "NOTICE OF INTENT TO FAST TRACK" - Thus, the purpose of this notice is to inform the Court and the adverse parties of the intent(in the event the adverse parties have not already been served the Summons & Complaint) to shorten the time for a responsive pleading and move the case to the fast lane etc. Document filed by Darryl C. Carter.(sc)
March 15, 2023 Opinion or Order Filing 10 MEMO ENDORSEMENT granting #9 MOTION for Permission for Darryl C. Carter to participate in electronic case filing in this case. ENDORSEMENT Request GRANTED. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 3/15/2023) (jca)
March 14, 2023 Opinion or Order Filing 9 MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING, Re: for Permission for Darryl C. Carter to participate in electronic case filing in this case. Document filed by Darryl C. Carter.(sc)
March 14, 2023 Opinion or Order Filing 8 ORDER OF SERVICE: The Court directs the Clerk of Court to mail an information package to Plaintiff. The Court also directs the Clerk of Court to issue summonses for Defendants Sewell, Hochul, and James; complete USM-285 forms with the addresses of these Defendants; and deliver all documents necessary to effect service on these Defendants to the U.S. Marshals Service. The Court denies Plaintiff's motion for the issuance of summonses and for service by the U.S. Marshals Service as moot. See ECF No. 6. The Court denies Plaintiffs motion for permission for electronic case filing (see ECF No. 4) without prejudice to Plaintiff completing and filing the Southern District of New York's "Motion for Permission for Electronic Case Filing" form, which is attaching to this Order and available here: https://www.nysd.uscourts.gov/forms/motion-permission-electronic-case-filingpro-se-cases. SO ORDERED. Motions terminated: #6 MOTION to Serve. filed by Darryl C. Carter, #4 MOTION for Permission for Darryl C. Carter to participate in electronic case filing in this case. filed by Darryl C. Carter. (Signed by Judge Jennifer L. Rochon on 3/14/2023) (jca) Transmission to Pro Se Assistants for processing.
March 13, 2023 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge Laura Taylor Swain is no longer assigned to the case. (sac)
March 13, 2023 Opinion or Order Magistrate Judge Robert W. Lehrburger 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)
February 13, 2023 Opinion or Order Filing 6 PLAINTIFF'S MOTION FOR ISSUANCE OF SUMMONS AND SERVICE PER U.S. MARSHAL SERVICE. Document filed by Darryl C. Carter.(sc)
February 13, 2023 Opinion or Order 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 2/13/2023) (vn)
February 13, 2023 Opinion or Order Filing 4 MOTION FOR CM/ECF CASE FILING ACCESS, Re: for Permission for Darryl C. Carter to participate in electronic case filing in this case. Document filed by Darryl C. Carter.(sc)
February 13, 2023 Opinion or Order Filing 3 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Darryl C. Carter.(sc)
February 13, 2023 Opinion or Order Filing 2 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 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) (sha)
February 13, 2023 Opinion or Order NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac)
February 7, 2023 Opinion or Order Filing 1 COMPLAINT against Kathy Hochul, Letitia James, Keechant L. Sewell. Document filed by Darryl C. Carter..(rdz)
February 7, 2023 Opinion or Order Case Designated ECF. (rdz)

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Plaintiff: Darryl C. Carter
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Plaintiff: Darryl Chadwich Carter
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Defendant: Keechant L. Sewell
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Defendant: Kathy Hochul
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