Burroughs v. Westchester Supreme Court et al
| Herman Burroughs |
| Westchester Supreme Court, NYC Criminal Court, Harlem & Bellevue Hosp, Mount Sinia St. Luke Roosevelt Hosp, Chase Bank, Bell & Summit Sec Mkt, Keener Swatz Access Boulavard Shelter, NYC Police Dept, 1199 Plaza, U.S. Post Office, Metropolitan Hosp, White House, FBI, Harlen Bellevue Metropolitan Hospital, Mount Sinai St. Luke Roosevelt Hospital and Keener Swartz Access Boulavard Shelter |
| 1:2023cv05728 |
| July 5, 2023 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Barbara C Moses |
| P.I.: Other |
| 28 U.S.C. § 1441 nr Notice of Removal |
| None |
Docket Report
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| Document Text |
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| Mailed a copy of #9 Order of Dismissal, to Herman Burroughs at 2110 1st Ave., New York, NY 10029. (sha) |
Filing 9
ORDER OF DISMISSAL The Court dismisses all claims brought against the Federal Defendants (the USPS, the FBI, the President of the United States, and NASA) under the doctrine of sovereign immunity. The Court also dismisses all claims brought against the State Court Defendants (Westchester Supreme Court and New York City Criminal Court) under the Eleventh Amendment. The Court grants Plaintiff 30 days' leave to file an amended complaint against the City Defendants (New York City and H+H) and/or the Private Defendants (the Schwartz Assessment Shelter, Mount Sinai St. Luke's Hospital, and Chase Bank). If Plaintiff does not file an amended complaint within 30 days of the date of this order, the Court will direct the Clerk of Court to enter judgment. 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. U.S. Post Office, Westchester Supreme Court, White House, FBI and NYC Criminal Court terminated. (Signed by Judge Paul G. Gardephe on 8/23/2023) (jca)
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| Filing 8 NOTICE OF APPEARANCE by Alexandra Hastings on behalf of NYC Police Dept..(Hastings, Alexandra) |
| Received returned mail re: #6 Order Referring Case to Magistrate Judge,. Mail was addressed to Herman Burroughs at 2110 1st Ave., New York, NY 10029 and was returned for the following reason(s): Return to Sender, Insufficient Address, Unable to Forward. (ok) |
| Mailed a copy of #6 Order Referring Case to Magistrate Judge, to Herman Burroughs at 2110 1st Ave., New York, NY 10029. (ok) |
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Filing 6
ORDER OF REFERENCETO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Barbara C. Moses. Motions referred to Barbara C. Moses. SO ORDERED. (Signed by Judge Paul G. Gardephe on 7/12/2023) (ks)
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| Filing 5 LETTER MOTION for Conference addressed to Judge Paul G. Gardephe from Brandon Cowart dated July 7, 2023. Document filed by FBI, U.S. Post Office, White House..(Cowart, Brandon) |
| Filing 4 CERTIFICATE OF SERVICE of Notice of Removal served on Plaintiff; Defendants on July 6, 2023. Service was made by Mail. Document filed by FBI, U.S. Post Office, White House..(Cowart, Brandon) |
| Filing 3 CERTIFICATE OF SERVICE of Notice of Removal served on Plaintiff; Defendants on July 6, 2023. Service was made by Mail. Document filed by FBI, U.S. Post Office, White House..(Cowart, Brandon) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul G. Gardephe. Judge Mary Kay Vyskocil is no longer assigned to the case. (sgz) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Brandon Herbert Cowart. The following party/parties has been removed from this case: Bell & Summit Sec Mkt, 1199 Plaza, Metropolitan Hosp. The party was added to the case in error. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brandon Herbert Cowart. The party information for the following party/parties has been modified: Harlem & Bellevue Hosp, Mount Sinia St. Luke Roosevelt Hosp, Keener Swatz Access Boulavard Shelter. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name entered incorrectly. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Brandon Herbert Cowart re: Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Barbara C. Moses 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. (vf) |
| Filing 2 CIVIL COVER SHEET filed..(Cowart, Brandon) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 101210/2019..Document filed by U.S. Post Office, FBI, White House. (Attachments: #1 Exhibit A (Complaint)).(Cowart, Brandon) |
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