Komatsu v. The City of New York et al
| Towaki Komatsu |
| The City of New York, Lisa Fitzpatrick, Nigel Marks, Vincent Pullo, Molly Park, Ann Marie Scalia, Samuel Spitzberg, Daniel Tietz, Top Choice Meat Market Corp., John Doe and Z & H Cleaners |
| 1:2023cv05406 |
| June 26, 2023 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 24 LETTER from T. Komatsu, dated 8/21/23 re: I am filing this letter to inform you and Judge Ramos about a few developments that certainly are relevant and within the current jurisdiction that both of you have to properly and promptly death with both Komatsu v. City of New York, #23-cv-5406(LTS) hereinafter referred to as "K1" and 20-cv-7046(ER) hereinafter referred to as "K2". Document filed by Towaki Komatsu.(sc) |
| Filing 23 LETTER addressed to Judge Laura Taylor Swain from T. Komatsu, dated 8/18/23 re: I am filing this letter to inform you of further crystal clear information that further confirms that you need to immediately reassign all Federal Court litigation which I have commenced in New York City that is active and otherwise may be reinstated following appeals to a different judicial circuit etc. Document filed by Towaki Komatsu.(sc) |
| Filing 22 LETTER addressed to Judge Laura Taylor Swain from T. Komatsu, dated 8/15/23 re: I am filing this letter after and in response to having learned today about the latest pretextual and criminal act of obstruction of justice against me that the U.S. Court of Appeals for the Second Circuit has perpetrated against me. It did so again today by fraudulently denying me leave to appeal for my appeal to it which corresponds to Komatsu v. Urban Pathways, Inc., No. 23-654(2d Cir. 8/15/23) that is hereinafter referred to as "K1." Document filed by Towaki Komatsu.(sc) Modified on 8/17/2023 (sc). |
| Filing 21 LETTER addressed to Judge Edgardo Ramos from T. Komatsu dated 8/14/23 re: I am filing this further letter to inform you that personnel who work for the case management team of the U.S. Court of Appeals for the Second Circuit just confirmed that they are illegally not complying with the terms of FRAP Rule 4 etc. Document filed by Towaki Komatsu, Towaki Komatsu..(sc) |
| Filing 20 LETTER addressed to Judge Laura Taylor Swain from T. Komatsu, dated 8/12/23 re: I previously made meritorious requests to all of the preceding judges to be granted relief against the USMS an CSOs. However, they criminally and prejudicially abstained from doing so. Immediately please order the USMS to provide me the video recordings of me from yesterday inside of TM for the period 12:45 pm and 3 pm etc. Document filed by Towaki Komatsu.(sc) |
| Filing 19 LETTER addressed to Judge Laura Taylor Swain from T. Komatsu, dated 8/6/23 re: Immediately order the USMS to stop engaging in vexatious behavior towards me partly by ordering the USMS to immediately provide me all video recordings which I seek from it that are recorded by video security cameras that it controls that are located inside of and otherwise near federal courthouses in New York City etc. Document filed by Towaki Komatsu.(sc) |
| Filing 18 LETTER addressed to Judge Laura Taylor Swain from T. Komatsu, dated 8/4/23 re: The filing restriction that the U.S. Court of Appeals for the Second Circuit imposed against me in November of 2021 was imposed against me strictly because the Second Circuit took the position that I had pursued interlocutory appeals too often etc. Document filed by Towaki Komatsu.(sc) |
| Filing 17 LETTER addressed to Judge Laura Taylor Swain from T. Komatsu, dated 8/3/23 re: Given the position that you and other federal judges have subserviently taken for the benefit of USMS and CSOs, there is a very good chance that I will yet again be criminally seized and assaulted inside of federal courthouses in New York City while I conduct myself in an entirely lawful manner, as that circumstance will trigger my legal self-defense rights etc.. Document filed by Towaki Komatsu.(sc) |
| MAILING RECEIPT: Document No: 15. Mailed to: Towaki Komatsu 300 Skillman Ave. Brooklyn, NY 11211. (sha) |
| Filing 16 LETTER addressed to Judge Laura Taylor Swain from T. Komatsu, dated 8/1/23 re: If you had actually bothered to properly perform your legal duty to have diligently read and fully comprehended the information in my original and amended complaints in this case, then you would have understood that the information which I have discussed above certainly is within your jurisdiction to promptly remedy on account of the material fact that clearly included information in that original and amended complaint etc. Document filed by Towaki Komatsu.(sc) |
| Received returned mail re: #6 Order Granting IFP Application. Mail was addressed to Towaki Komatsu, 781 East 135th Street, Bronx, NY 10454 and was returned for the following reason(s): Return To Sender Not Deliverable As Addressed Unable To Forward. (vn) |
Filing 15
ORDER re: #10 Letter, filed by Towaki Komatsu. Plaintiff's motion for reconsideration (ECF 10) is denied. 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 Laura Taylor Swain on 7/31/2023) (sac)
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| Filing 14 LETTER addressed to Judge Laura Taylor Swain from T. Komatsu, dated 7/29/23 re: This letter is being filed to further supplement my earlier request for reconsideration about your 7/20/23 order in this case etc. The simple and straightforward fact that since the Second Circuit has repeatedly proven not just in this case that it will not comply with my First and Fifth Amendment rights to FRAP Rule 4(a)(4, the Second Circuit cannot be relied upon by me to fully comply with my legal rights etc. Document filed by Towaki Komatsu.(sc) |
| Filing 13 LETTER addressed to Judge Laura Taylor Swain from T. Komatsu, dated 7/27/23 re: This letter is being filed to supplement my earlier request for reconsideration about your 7/20/23 order in this case etc. One of the reasons why the preceding findings from United States v. Rechnitz(as indicated) is relevant in this case is because the only possible explanation for why you did not follow in U.S. District Judge Lorna Schofield's footsteps to assign a judge the task of promptly, diligently and objectively looking into my complaints etc. is because you have engaged in ex parte communications with personnel of the USMS and CSOs about me etc. Document filed by Towaki Komatsu.(sc) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #12 Notice of Interlocutory Appeal filed by Towaki Komatsu were transmitted to the U.S. Court of Appeals..(nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #12 Notice of Interlocutory Appeal..(nd) |
| Filing 11 LETTER addressed to Judge Laura Taylor Swain from T. Komatsu. dated 7/25/23 re: I am filing this letter to apprise you about a major update pursuant to FRCP Rule 60 pertaining to valid complaints that I have reported to you against the U.S. Marshals Service and federal court security officers etc. In short, this further proves that you have to promptly reverse your decisions about my complaints against the USMS and CSOs while instead causing a special prosecutor to be assigned the task of conducting an immediate, diligent and exhaustive investigation etc. Document filed by Towaki Komatsu.(sc) |
| Filing 10 LETTER addressed to Judge Laura Taylor Swain from T. Komatsu, dated 7/24/23 re: I am filing this letter to request authorization to file an oversized letter motion that is annexed Exhibit A to submit a request for reconsideration and clarification pursuant to Rules 60 and 59 as well as FRAP Rule 4(A) about your 7/20/23 order in this case. Document filed by Towaki Komatsu.(sc) |
| MAILING RECEIPT: Document No: 9. Mailed to: Towaki Komatsu 300 Skillman Ave. Brooklyn, NY 11211. (ok) |
| Filing 12 NOTICE OF INTERLOCUTORY APPEAL from #9 Order. Document filed by Towaki Komatsu. Form D-P is due within 14 days to the Court of Appeals, Second Circuit..(nd) |
| Appeal Fee Due: for #12 Notice of Interlocutory Appeal.$505.00 Appeal fee due by 8/4/2023..(nd) |
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Filing 9
ORDER: The Court denies Plaintiffs motion for the undersigned's recusal. (See ECF 4, at 9-24.) Plaintiff's request for an order to show cause (ECF 3) is denied. 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/20/23) (rdz)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(rdz) |
| Filing 8 LETTER addressed to Judge Laura Taylor Swain from T. Komatsu, dated 7/19/23 re: I am filing this letter to inform you that I submitted an emergency Order to Show Cause application in this case on 7/12/23 that seems to have been prejudicially ignored in violation of my First and Fourteenth Amendment rights, my rights to special solitude as a pro se plaintiff. Document filed by Towaki Komatsu.(sc) |
| Filing 7 PRO SE MEMORANDUM, dated 7/19/23 re: CHANGE OF ADDRESS for Towaki Komatsu. New Address: 300 Skillman Ave., Brooklyn, NY, 11211. (sc) |
| MAILING RECEIPT: Document No: 6. Mailed to: Towaki Komatsu 781 East 135th Street Bronx, NY 10454. (ok) |
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Filing 6
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 7/17/2023) (vn)
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| Filing 5 LETTER addressed to Judge Laura Taylor Swain from T. Komatsu, dated 7/13/23 re: I am filing this letter to inform you about the following relevant facts which are about the new case of mine that is referenced above that is currently not assigned to any judge. Since you are a part of the Assisgnment Committee, you issued the 8/15/23 dismissal order in Komatsu v. City of New York, No.22-cv-6627(LTS)(SDNY 8/15/22); and you dismissed that case without prejudice because you claimed that I need to first get approval from U.S.D.J. Edgardo Ramos to be able to pursue my claims in it etc. Document filed by Towaki Komatsu.(sc) |
| Filing 4 AMENDED COMPLAINT, Re: amending #1 Complaint against John Doe, Lisa Fitzpatrick, Nigel Marks, Molly Park, Vincent Pullo, Ann Marie Scalia, Samuel Spitzberg with JURY DEMAND.Document filed by Towaki Komatsu. Related document: #1 Complaint.(sc) |
| Filing 3 PROPOSED ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION & TEMPORARY RESTRAINING ORDER(WITH EMERGENCY RELIEF). Document filed by Towaki Komatsu. (sc) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 7/13/2023 (nb). |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Towaki Komatsu. (sac) |
| Filing 1 COMPLAINT against John Doe, Lisa Fitzpatrick, Nigel Marks, Molly Park, Vincent Pullo, Ann Marie Scalia, Samuel Spitzberg, The City of New York, Daniel Tietz, Top Choice Meat Market Corp., Z & H Cleaners. Document filed by Towaki Komatsu. (sac) |
| Case Designated ECF. (sac) |
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