Wimberly v. James et al
Plaintiff: Jason Wimberly
Defendant: Letitia James and Alvin Bragg
Case Number: 1:2024cv03095
Filed: April 22, 2024
Court: US District Court for the Southern District of New York
Presiding Judge: Laura Taylor Swain
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 6, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 6, 2024 Opinion or Order MAILING RECEIPT: Document No: 18. Mailed to: Jason Wimberly 231 E. 117th Street #5D New York, NY 10035. (nb)
June 4, 2024 Opinion or Order Filing 17 LETTER addressed to Judge Laura Taylor Swain from Jason Wimberly re: Letter Application For Combined Relief: Temporary Restraining Order Against Spring Bank/ Request to Supplement Memorandum of Law In Support of Rule 60(b)(6) Motion For Relief From Judgment. Document filed by Jason Wimberly..(rro)
June 3, 2024 Opinion or Order Filing 18 ORDER denying #14 Motion for Reconsideration re #14 MOTION for Reconsideration re; #11 Order of Dismissal,,, #12 Judgment - Sua Sponte (Complaint),. filed by Jason Wimberly, #16 MOTION for Temporary Restraining Order. filed by Jason Wimberly ; terminating #16 Motion for TRO. Plaintiff's motion for reconsideration (ECF 13, 14, 16) is denied. The Clerk of Court is directed to terminate all motions in this action. The Clerk of Court is directed to accept no further documents in this action other than those directed to the Court of Appeals. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED.. (Signed by Judge Laura Taylor Swain on 6/3/2024) (jca)
May 31, 2024 Opinion or Order Filing 15 NOTICE OF APPEAL from #11 Order of Dismissal #12 Judgment - Sua Sponte (Complaint). Document filed by Jason Wimberly. Form D-P is due within 14 days to the Court of Appeals, Second Circuit.(km)
May 31, 2024 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #15 Notice of Appeal. (km)
May 31, 2024 Opinion or Order Appeal Fee Due: for #15 Notice of Appeal. Appeal fee due by 6/14/2024. IFP denied on 5/21/2024.(km)
May 31, 2024 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #15 Notice of Appeal filed by Jason Wimberly were transmitted to the U.S. Court of Appeals. (km)
May 30, 2024 Opinion or Order Filing 16 Letter Application For Combined Relief: Renewed Letter Application For Temporary Restraining Order Against Spring Bank/ Request to Supplement Memorandum or Law In support Rule 60(b)(6) Motion For Relief From Judgment in Wimberly v. James et. al 24-cv-3095 LTS with points of law contained herein. Document filed by Jason Wimberly..(rro) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
May 28, 2024 Opinion or Order Filing 14 PLAINTIFF'S MOTION FOR RELIEF FROM JUDGMENT PURSUANT TO RULE 60(b)(6) re; #11 Order of Dismissal,,, #12 Judgment - Sua Sponte (Complaint). Document filed by Jason Wimberly.(tg)
May 28, 2024 Opinion or Order Filing 13 PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR RELIEF FROM JUDGMENT PURSUANT TO RULE 60(b)(6). Document filed by Jason Wimberly. (tg)
May 28, 2024 Opinion or Order MAILING RECEIPT: Document No: 11-12. Mailed to: Jason Wimberly 231 E. 117th Street #5D New York, NY 10035. (nb)
May 21, 2024 Opinion or Order Filing 12 CIVIL JUDGMENT: For the reasons stated in the May 20, 2024, order, this action is dismissed. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/21/2024) (Attachments: #1 Pro Se Appeal Package) (mml)
May 21, 2024 Opinion or Order Filing 11 ORDER OF DISMISSAL: The Court dismisses the amended complaint as barred by the Anti-Injunction Act, barred by the Eleventh Amendment, and for failure to state a claim on which relief may be granted. See 28 U.S.C. 1915(e)(2)(B)(ii)-(iii). The Court declines to exercise supplemental jurisdiction of any state law claims Plaintiff may be asserting. See 28 U.S.C. 1367(c)(3). The Court denies Plaintiff's motion for preliminary injunctive relief as moot. (ECF 4.) 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to enter judgment in this action. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/21/2024) (mml) Modified on 5/24/2024 (mml).
May 20, 2024 Opinion or Order Filing 9 Plaintiffs Declaration in Support of Letter Motion For Judicial Notice. Document filed by Letitia James..(rro)
May 16, 2024 Opinion or Order Filing 10 LETTER addressed to Judge Laura Taylor Swain from Jason Wimberly re: Amended Complaint in Wimberly v. James. Document filed by Jason Wimberly..(rro)
May 16, 2024 Opinion or Order Filing 8 FIRST AMENDED CIVIL COMPLAINT FOR VIOLATION OF 42 USC 1983; FIRST AND FOURTEENTH AMENDMENT RIGHTS VIOLATIONS; INJUNCTIVE RELIEF AND MANDAMUS PURSUANT TO ARTICLE 7803-1 and 7803-3 OF THE NEW YORK STATE CPLR AND OR THOS COURT'S INHERENT AUTHORITY amending #1 Complaint against Jason Wimberly. Document filed by Jason Wimberly. Related document: #1 Complaint..(rro)
May 16, 2024 Opinion or Order Filing 7 MEMORANDUM OF LAW IN SUPPORT OF COMPLIANT-PETITION. Document filed by Jason Wimberly..(rro)
May 9, 2024 Opinion or Order NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba)
May 8, 2024 Opinion or Order Filing 6 Plaintiff's Declaration in Support of Motions for Temporary Restraining Order re: #4 MOTION for Temporary Restraining Order. MOTION for Preliminary Injunction.. Document filed by Jason Wimberly..(rro)
May 8, 2024 Opinion or Order Filing 5 Memorandum of Law In Support of Application For Temporary Restraining OrderCompelling Defendant-Respondents Intervention re: #4 MOTION for Temporary Restraining Order. MOTION for Preliminary Injunction.. Document filed by Jason Wimberly..(rro)
May 8, 2024 Opinion or Order Filing 4 PLAINTIFF- PETITIONER'S MOTION FOR TEMPORARY RESTRAINING ORDER ANDPRELIMINARY INJUNCTION. Document filed by Jason Wimberly. (rro) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
May 8, 2024 Opinion or Order MAILING RECEIPT: Document No: 3. Mailed to: Jason Wimberly 231 E. 117th Street #5D New York, NY 10035. (nb)
May 6, 2024 Opinion or Order Filing 3 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 5/6/2024) (vn)
April 30, 2024 Opinion or Order Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jason Wimberly..(kgo)
April 22, 2024 Opinion or Order Filing 1 COMPLAINT against Alvin Bragg, Letitia James. Document filed by Jason Wimberly..(rdz)
April 22, 2024 Opinion or Order Case Designated ECF. (rdz)

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Plaintiff: Jason Wimberly
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Defendant: Letitia James
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Defendant: Alvin Bragg
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