Jean-Baptiste v. United States Department of Justice et al
| Harold Jean-Baptiste |
| United States Department of Justice, Merrick B. Garland, Federal Bureau of Investigation, Christopher Wray, City of New York, Damian Williams and Letitia James |
| 1:2023cv01897 |
| March 3, 2023 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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| Document Text |
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| Filing 42 MOTION: SHOW CAUSE & OPPOSITION FOR DISMISSAL(RESPONSE TO ORDER TO SHOW CAUSE re: #41 Order to Show Cause). Document filed by Harold Jean-Baptiste. (sc) |
Filing 41
ORDER TO SHOW CAUSE. By May 12, 2023, Plaintiff is ORDERED to show cause, via further written submission, why the Amended Complaint should not be dismissed for the foregoing reasonsnamely, why Plaintiff's claims against the DOJ, the FBI, Attorney General Garland, Director Wray, and U.S. Attorney Williams should not be dismissed under the doctrine of sovereign immunity; why his claims under 18 U.S.C. 242, 42 U.S.C. 1983, 42 U.S.C. 1985, 42 U.S.C. 1986, the Fourth Amendment, the Ninth Amendment, and the ECPA should not be dismissed as frivolous; why his claims against Mayor Adams should not be dismissed as duplicative of the claims brought against the City of New York; why his claims against New York Attorney General James should not be dismissed for failure to state a claim; and why his claims under the Second Amendment against the City of New York should not be dismissed because he lacks standing to bring them. Summonses have issued in this action and Plaintiff has filed proof of service. Defendants are directed not to respond to the Amended Complaint. Should Plaintiff successfully show cause why his Amended Complaint should not be dismissed, the Court will set a schedule at that 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge John P. Cronan on 4/24/23) (yv)
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| Filing 40 LETTER addressed to Judge John P. Cronan from Linda Fang dated April 19, 2023 re: anticipated Fed. R. Civ. P. 12(b) motion to dismiss. Document filed by Letitia James..(Fang, Linda) |
| Filing 39 NOTICE OF APPEARANCE by Linda Fang on behalf of Letitia James..(Fang, Linda) |
| Filing 38 AFFIRMATION OF SERVICE of Harold Jean-Baptiste re: #9 Amended Complaint,. Document filed by Harold Jean-Baptiste..(kv) |
| Filing 37 MOTION: INJUNCTION FOR NYPD FOR CONCEAL TO CARRY LICENSE. Document filed by Harold Jean-Baptiste.(sc) |
| Filing 36 MOTION: TO OBTAIN FREEDOM OF INFORMATION ACT DATA( to Compel U.S. Dept. of Justice et al. to produce data. Document filed by Harold Jean-Baptiste.(sc) |
| Filing 35 MOTION: OPPOSITION FOR MOTION TO DISMISSAL. Document filed by Harold Jean-Baptiste. (sc) (Main Document 35 replaced on 4/10/2023) (ta). |
| Filing 34 LETTER addressed to Judge John P. Cronan from Isabella J. Kendrick dated 04/07/2023 re: Pre-Motion Letter in Advance of Motion to Dismiss. Document filed by City of New York, City of New York. (Attachments: #1 Exhibit Exhibit A - Amended Complaint, No. 22-CV-07811-VSB, #2 Exhibit Exhibit B - Opinion & Order, No. 22-CV-07811-VSB).(Kendrick, Isabella) |
| Filing 33 AFFIDAVIT OF SERVICE of Summons and Complaint, Amended Complaint,. Letitia James served on 4/7/2023, answer due 4/28/2023. Service was made by MAIL. Document filed by Harold Jean-Baptiste. (ok) |
| Filing 32 MOTION: NOT TO REASSIGN(Updated) . Document filed by Harold Jean-Baptiste.(sc) Modified on 3/28/2023 (sc). |
| Filing 31 MOTION: NOT TO REASSIGN. Document filed by Harold Jean-Baptiste.(sc) |
| Filing 30 LETTER addressed to Judge John P. Cronan from Isabella J. Kendrick dated 03/27/2023 re: Jean-Baptiste v. United State Department of Justice et al, 23-CV-1897 (JPC). Document filed by City of New York, City of New York. (Attachments: #1 Exhibit A, #2 Exhibit B).(Kendrick, Isabella) |
| Filing 29 NOTICE OF APPEARANCE by Isabella Jacqueline Kendrick on behalf of City of New York, City of New York..(Kendrick, Isabella) |
| Filing 27 AFFIRMATION OF SERVICE of Summons and Complaint. City of New York, served on 3/17/2023, answer due 4/7/2023. Service was made by Mail. Document filed by Harold Jean-Baptiste. (sc) |
| Filing 26 AFFIRMATION OF SERVICE of Summons and Complaint. Merrick B. Garland, served on 3/16/2023, answer due 5/15/2023. Service was made by Mail. Document filed by Harold Jean-Baptiste. (sc) Modified on 4/27/2023 (nb). |
| Filing 25 AFFIRMATION OF SERVICE of Summons and Complaint. Damian Williams, DOJ -NYC, served on 3/21/2023, answer due 5/20/2023. Service was made by Mail. Document filed by Harold Jean-Baptiste. (sc) Modified on 4/27/2023 (nb). |
| Filing 24 AFFIRMATION OF SERVICE of Summons and Complaint. Christopher Wray, Director FBI, served on 3/21/2023, answer due 5/20/2023. Service was made by mail. Document filed by Harold Jean-Baptiste. (sc) Modified on 4/27/2023 (nb). |
| Filing 23 AFFIRMATION OF SERVICE of Summons and Complaint. United States Department of Justice, served on 3/16/2023, answer due 5/15/2023. Service was made by Mail. Document filed by Damian Williams. (sc) Modified on 4/27/2023 (nb). |
| Filing 22 AFFIRMATION OF SERVICE of Summons and Complaint. City of New York(Mayor Eric Adams) served on 3/21/2023, answer due 4/11/2023. Service was made by Mail. Document filed by Harold Jean-Baptiste. (sc) |
| Filing 21 AFFIRMATION OF SERVICE of Summons and Complaint. Federal Bureau of Investigation served on 3/21/2023, answer due 5/20/2023. Service was made by Mail. Document filed by Harold Jean-Baptiste. (sc) Modified on 4/27/2023 (nb). |
| Filing 20 REQUEST FOR ISSUANCE OF SUMMONS as to Letitia James, NYS Attorney General, re: #1 Complaint. Document filed by Harold Jean-Baptiste. (sc) |
| Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to Mayor Eric Adams, re: #1 Complaint. Document filed by Harold Jean-Baptiste. (sc) |
| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Christopher Wray, re: #1 Complaint. Document filed by Harold Jean-Baptiste. (sc) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Investig., re: #1 Complaint. Document filed by Harold Jean-Baptiste. (sc) |
| Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to Damien Williams, U.S. Attorney, re: #1 Complaint. Document filed by Harold Jean-Baptiste. (sc) |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Merrick Garland, Attorney General of U.S., re: #1 Complaint. Document filed by Harold Jean-Baptiste. (sc) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to United States Dept. of Justice, re: #1 Complaint. Document filed by Harold Jean-Baptiste. (sc) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #1 Complaint. Document filed by Harold Jean-Baptiste. (sc) |
| Transmission to Pro Se Assistants. Transmitted re: #18 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
| Transmission to Pro Se Assistants. Transmitted re: #17 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
| Transmission to Pro Se Assistants. Transmitted re: #19 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
| Transmission to Pro Se Assistants. Transmitted re: #13 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
| Transmission to Pro Se Assistants. Transmitted re: #14 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
| Transmission to Pro Se Assistants. Transmitted re: #20 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
| Transmission to Pro Se Assistants. Transmitted re: #15 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
| Transmission to Pro Se Assistants. Transmitted re: #16 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
| Filing 12 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Harold Jean-Baptiste consents to receive electronic service via the ECF system. Document filed by Harold Jean-Baptiste.(sc) |
| SUMMONS ISSUED as to City of New York, City of New York, Federal Bureau of Investigation, Merrick B. Garland, Letitia James, United States Department of Justice, Damian Williams, Christopher Wray. (ta) |
| Mailed a copy of Summons Issued to City of New York, City of New York, Federal Bureau of Investigation, Merrick B. Garland, Letitia James, United States Department of Justice, Damian Williams, Christopher Wray to Harold Jean-Baptiste 253-37 148 Drive Rosedale, NY 11422. (ta) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Mayor Eric Adams, re: #1 Complaint. Document filed by Harold Jean-Baptiste. (sc) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #1 Complaint. Document filed by Harold Jean-Baptiste. (sc) |
| Filing 9 AMENDED COMPLAINT, Re: amending #1 Complaint, against City of New York, City of New York, Federal Bureau of Investigation, Merrick B. Garland, United States Department of Justice, Damian Williams, Christopher Wray.Document filed by Harold Jean-Baptiste. Related document: #1 Complaint.(sc) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to FBI, re: #1 Complaint,. Document filed by Harold Jean-Baptiste. (sc) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Christopher Wray, re: #1 Complaint. Document filed by Harold Jean-Baptiste. (sc) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Merrick B. Garland, Attorney General of U.S., re: #1 Complaint. Document filed by Harold Jean-Baptiste. (sc) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Damian Williams, re: #1 Complaint. Document filed by Harold Jean-Baptiste. (sc) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to United States Dept. of Justice, re: #1 Complaint. Document filed by Harold Jean-Baptiste. (sc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Letitia James, re: #1 Complaint. Document filed by Harold Jean-Baptiste. (sc) |
| Transmission to Pro Se Assistants. Transmitted re: #5 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
| Transmission to Pro Se Assistants. Transmitted re: #3 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
| Transmission to Pro Se Assistants. Transmitted re: #4 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
| Transmission to Pro Se Assistants. Transmitted re: #10 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
| Transmission to Pro Se Assistants. Transmitted re: #6 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
| Transmission to Pro Se Assistants. Transmitted re: #8 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
| Transmission to Pro Se Assistants. Transmitted re: #11 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
| Transmission to Pro Se Assistants. Transmitted re: #7 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
| Filing 2 CIVIL COVER SHEET.(rdz) |
| Filing 1 COMPLAINT against City of New York, City of New York, Federal Bureau of Investigation, Merrick B. Garland, United States Department of Justice, Damian Williams, Christopher Wray. (Filing Fee $ 402.00, Receipt Number 13341)Document filed by Harold Jean-Baptiste..(rdz) |
| Case Designated ECF. (rdz) |
| Magistrate Judge Valerie Figueredo 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. (rdz) |
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