Burch v. New York State
| Michael Burch |
| New York State |
| 7:2024cv01803 |
| March 6, 2024 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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| Filing 11 CLERK'S JUDGMENT re: #10 Order of Dismissal in favor of New York State against Michael Burch. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated May 1, 2024, the Court has dismissed Plaintiff's Amended Complaint. To the extent that Plaintiff intended to assert state law claims, the Court declines to exercise supplemental jurisdiction over them. See 28 U.S.C. 1367(c)(3); Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 n.7 (1988); Kolari v. New York-Presbyterian Hosp., 455 F.3d 118, 122 (2d Cir. 2006). Finally, Plaintiff's argument that vehicle registration laws do not apply to him because he was driving in a private capacity is frivolous. See Sposato v. Carey, No. 23-CV-364, 2024 WL 637423, at *5 (N.D.N.Y. Feb. 15, 2024) (collecting cases), appeal docketed, No. 24-536 (2d Cir. Mar. 18, 2024); Andreaccio v. Weaver, 674 F. Supp. 3d 1011, 1021 (D. Nev. 2023); Michael-Charles v. Pender, No. 22-CV-2, 2022 WL 474265, at *2-3 (E.D. Mo. Feb. 16, 2022). The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from the 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). Judgment is entered for Defendant; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 5/1/2024) (Attachments: #1 Appeal Package) (km) |
Filing 10
ORDER OF DISMISSAL: For the same reasons discussed in the Order, the Court dismisses Plaintiff's Amended Complaint. To the extent that Plaintiff intended to assert state law claims, the Court declines to exercise supplemental jurisdiction over them. See 28 U.S.C. 1367(c)(3); Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 n.7 (1988); Kolari v. New York-Presbyterian Hosp., 455 F.3d 118, 122 (2d Cir. 2006). Finally, Plaintiff's argument that vehicle registration laws do not apply to him because he was driving in a private capacity is frivolous. See Sposato v. Carey, No. 23-CV-364, 2024 WL 637423, at *5 (N.D.N.Y. Feb. 15, 2024) (collecting cases), appeal docketed, No. 24-536 (2d Cir. Mar. 18, 2024); Andreaccio v. Weaver, 674 F. Supp. 3d 1011, 1021 (D. Nev. 2023); Michael-Charles v. Pender, No. 22-CV-2, 2022 WL 474265, at *2-3 (E.D. Mo. Feb. 16, 2022). The Clerk of Court is respectfully directed to enter judgment for Defendant and close the case. 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). SO ORDERED. (Signed by Judge Cathy Seibel on 5/1/2024) (mml) Transmission to Orders and Judgments Clerk for processing.
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| Filing 9 LETTER addressed to Judge Cathy Seibel from Michael Burch dated 3/25/2024 re: Expressing concerns regarding case..(kgo) |
| Filing 8 AFFIDAVIT OF TRUTH, CLAIM FOR UNLIMITED CIVIL ACTION, AFFIRMATION BY NOTARY PUBLIC.(kgo) |
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Filing 7
ORDER OF DISMISSAL WITH LEAVE TO REPLEAD: The Court dismisses Plaintiff's claims as barred by the Eleventh Amendment, for failure to state a claim on which relief may be granted, and as frivolous. The Court grants Plaintiff 30 days' leave to replead his claims in an amended complaint that complies with the standards set forth above. 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). The Court directs the Clerk of Court to hold this matter open on the docket until a civil judgment is entered. SO ORDERED. (Signed by Judge Cathy Seibel on 3/22/2024) (mml)
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| Magistrate Judge Judith C. McCarthy is designated to handle matters that may be referred in this case. 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. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Unassigned is no longer assigned to the case. (vba) |
| Filing 5 LETTER from M. Burch, dated 3/18/24 re: REQUEST FOR ELECTRONIC SERVICE OF SUMMONS IN CASE #24CV1803 - UA. Document filed by Michael Burch.(sc) |
| Pro Se Payment of Fee Processed: $405.00 Money Order processed by the Finance Department on 3/15/2024, Receipt Number 27443. (ehn) |
| Filing 4 CIVIL COVER SHEET filed. (Attachments: #1 Exhibit 1).(rdz) |
| Filing 3 NOTICE OF APPEARANCE by Michael Burch..(rdz) |
| Filing 2 LETTER from Michael Burch re: I am writing to formall submit a legal.. Document filed by Michael Burch. (Attachments: #1 Exhibit 1).(rdz) |
| Filing 1 COMPLAINT against New York State. Document filed by Michael Burch. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12).(rdz) |
| Case Designated ECF. (rdz) |
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| Plaintiff: Michael Burch | |
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