Yung v. People of New York
Plaintiff: John Yung
Defendant: People of New York
Case Number: 1:2024cv03605
Filed: May 6, 2024
Court: US District Court for the Southern District of New York
Presiding Judge: Margaret M Garnett
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 28 U.S.C. ยง 1441 nr Notice of Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 3, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 3, 2024 Opinion or Order Filing 14 ORDER: The Clerk of Court is directed to open a new pro se civil action, using Dkt. Nos. 12 and 13 in this action as the initiating documents. The Clerk is directed to terminate Dkt. No. 13. The Plaintiff is advised that because a new civil action is being opened with respect to Plaintiff's filings, the Court will no longer consider or address any further submissions filed on this docket. SO ORDERED. (Signed by Judge Margaret M. Garnett on 7/3/2024) (mml) Transmission to Office of the Clerk of Court for processing.
June 25, 2024 Filing 13 MOTION for Preliminary Injunction. Document filed by John Yung.(yv)
June 21, 2024 Filing 12 LETTER addressed to Judge Laura Taylor Swain from John Yung dated 6/13/2024 re: filings are now further delayed or not acknowledged. Document filed by John Yung..(rro)
June 13, 2024 Filing 11 NOTICE OF APPEAL from #3 Order of Dismissal,. Document filed by John Yung..(nd)
June 13, 2024 MAILING RECEIPT: Document No: 10. Mailed to: John Yung NYSID:13763885Y B&C: 1132400018 Otis Bantum Correctional Center 16-00 Hazen Street East Elmhurst, NY 11370. (vn)
June 13, 2024 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #11 Notice of Appeal..(nd)
June 13, 2024 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #11 Notice of Appeal filed by John Yung were transmitted to the U.S. Court of Appeals..(nd)
June 11, 2024 Opinion or Order Filing 10 ORDER re: #9 Letter filed by John Yung. Plaintiff's case was closed because it was presented to the Court in the posture of a motion to remove a criminal case from New York Supreme Court to this Court under 28 U.S.C. 1455(a). The removal was improper, see Dkt. No. 3, and the Plaintiff's request to reopen a case that is incurably defective is DENIED. See Bey v. State of New York et al., 23-cv-03490(LTS), Dkt. No. 6 (because removal was improper, the defects in the pleading could not be cured with an amendment). If Plaintiff believes he has a valid habeas petition arising from his current state criminal case in Kings County Supreme Court, he should seek such relief by filing a habeas petition in the District Court for the Eastern District of New York. SO ORDERED. (Signed by Judge Margaret M. Garnett on 6/11/2024) (kv)
June 4, 2024 Filing 9 LETTER addressed to Judge Laura Taylor Swain or Clerk or Judge Garnett from John Yung dated 5/29/24 re: reconsideration. Document filed by John Yung.(yv)
June 4, 2024 MAILING RECEIPT: Document No: 8. Mailed to: John Yung NYSID:13763885Y B&C: 1132400018 Otis Bantum Correctional Center 16-00 Hazen Street East Elmhurst, NY 11370. (sac)
June 3, 2024 Opinion or Order Filing 8 ORDER denying as moot #7 Motion for Preliminary Injunction. Plaintiff's motion for preliminary injunction is DENIED as moot. In a previous Order, the Court remanded the case to the Supreme Court of the City of New York, Kings County, and the case is therefore CLOSED. See Dkt. No. 3. The Clerk of Court is directed to terminate Dkt. No. 7. SO ORDERED. (Signed by Judge Margaret M. Garnett on 6/3/2024) (mml)
May 30, 2024 Filing 7 MOTION for Preliminary Injunction. Document filed by John Yung..(rro)
May 28, 2024 Filing 6 LETTER addressed to Clerk from John Yung dated 5/18/2024 re: authorize payment of filing fee to be paid by the terms of the current law of the prison litigation rights act. Document filed by John Yung..(tro)
May 22, 2024 Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to John Yung NYSID: 13763885Y B&C: 1132400018 Otis Bantum Correctional Center 16-00 Hazen Street East Elmhurst, NY 11370 on 5/22/2024. (nb)
May 20, 2024 Filing 5 Request for Copies/Transcripts/Docket Sheet Received: Re #4 Letter. Request for Docket Report, from John Yung received on 5/20/2024. Transmission to Pro Se Assistants for processing. (tro)
May 20, 2024 Filing 4 LETTER addressed to whom it may concern from John Y. re: request for copies of all process/pleas and orders of this case. Document filed by John Yung.(tro)
May 20, 2024 MAILING RECEIPT: Document No: 3. Mailed to: John Yung NYSID:13763885Y B&C: 1132400018 Otis Bantum Correctional Center 16-00 Hazen Street East Elmhurst, NY 11370. (vn)
May 17, 2024 Opinion or Order Filing 3 ORDER OF DISMISSAL: Because removal of this action is improper, it is REMANDED under 28 U.S.C. 1455(b)(4) to the Criminal Court of the City of New York, County of Kings. The Clerk of Court is directed to send a copy of this Order to that court and to close this action. (Signed by Judge Margaret M. Garnett on 5/17/2024) (rro) Transmission to Docket Assistant Clerk for processing.
May 17, 2024 CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of Kings. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 02 1005 056 4 on 5/17/2024..(rro)
May 13, 2024 MAILING RECEIPT: Document No: 2. Mailed to: John Yung NYSID:13763885Y B&C: 1132400018 Otis Bantum Correctional Center 16-00 Hazen Street East Elmhurst, NY 11370. (sha)
May 10, 2024 Opinion or Order Filing 2 STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may #consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for #permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (sac)
May 10, 2024 CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see #Rule 9.2 of the courts ECF Rules & Instructions for further information. (sac)
May 6, 2024 Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Kings. Case Number: 71296-23/01. Document filed by John Yung. (sac)
May 6, 2024 Case Designated ECF. (sac)
May 6, 2024 Magistrate Judge Ona T. Wang 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. (sac)

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