Alshaary v. c/o Citadel Property Management et al
| Hafad H. Alshaary |
| c/o Citadel Property Management, Bradurst Condominion Property Management, Mark, Olga and Perry Associates |
| 1:2023cv08876 |
| October 6, 2023 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 rr Fed. Question: Real Property |
| None |
Docket Report
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This docket was last retrieved on November 29, 2023. A more recent docket listing may be available from PACER.
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Filing 7
ORDER: Accordingly, the Court issued an order to show cause why the action should not be dismissed for lack of subject matter jurisdiction on October 12, 2023. Dkt. No. 4. On November 8, 2023, Plaintiff submitted a letter in response to the Court's order to show cause. Dkt. No. 5. As explained in the Court's November 9, 2023 order, this response failed to indicate that the Court has federal question or diversity jurisdiction pursuant to 28 U.S.C. 1331 or 28 U.S.C. 1332. Dkt. No. 6. Because Plaintiff has not adequately pleaded federal question or diversity jurisdiction, the Court lacks jurisdiction over this action pursuant to either 28 U.S.C. 1331 or 28 U.S.C. 1332 and must dismiss the action. See Fed. R. Civ. P. 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action."). In the Court's November 9, 2023 order, the Court granted Plaintiff leave to amend his complaint by no later than November 23, 2023. Dkt. No. 6. As of the date of this order, Plaintiff has not done so. Accordingly, this action is dismissed for lack of subject matter jurisdiction. The Clerk of Court is directed to close this case, and to mail a copy of this order to Plaintiff. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/29/2023) (ks)
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| Set/Reset Deadlines: Amended Pleadings due by 11/23/2023. (ks) |
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Filing 6
ORDER: The Court grants Plaintiff leave to amend his complaint. But it notes that "federal courts are courts of limited jurisdiction...." Gottlieb v. Carnival Corp., 436 F.3d 335, 337 (2d Cir. 2006) (quotations omitted). In contrast, state courts are courts of "general jurisdiction," and plaintiffs in state court need not show that a federal question or diversity of citizenship exists in order to assert causes of action under state law. Id. A dismissal for lack of jurisdiction in federal court does not prevent Plaintiff from bringing his action in state court. If Plaintiff wishes to amend his complaint in this federal-court action, he must do so no later than November 23, 2023. The Clerk of Court is directed to mail a copy of this order to Plaintiff. ( Amended Pleadings due by 11/23/2023.) (Signed by Judge Gregory H. Woods on 11/9/2023) (tro)
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| Filing 5 LETTER from H. Alshaary, dated 11/8/23 re: " RESPONSE" - This is to show that the landlord Massagle's email was not able to be opened. The Store/Mgm Building showed that money was owed, but would not take any amount of payment. An email showed that checks have been cashed to Company for rent and deposited etc. Document filed by Hafad H. Alshaary.(sc) |
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Filing 4
ORDER TO SHOW CAUSE: The Court directs Plaintiff to show cause, within 30 days of the date of this order, why this action should not be dismissed for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3). 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 an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is directed to mail a copy of this order to Plaintiff. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/12/2023) (rro)
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| Filing 2 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Hafad H. Alshaary consents to receive electronic service via the ECF system. Document filed by Hafad H. Alshaary. (sac) |
| Filing 1 COMPLAINT against Bradurst Condominion Property Management, Mark, Olga, Perry Associates, c/o Citadel Property Management. (Filing Fee $ 402.00, Receipt Number 21885) Document filed by Hafad H. Alshaary. (sac) |
| Case Designated ECF. (sac) |
| Magistrate Judge Sarah Netburn 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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