Sun v. Mo et al
| Yi Sun |
| Hugh H MO, Tsai Chung Chao, New York City Police Department : and Mayor Eric Leroy Adam |
| 1:2024cv03630 |
| May 10, 2024 |
| US District Court for the Southern District of New York |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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Filing 13
STANDING ORDER M10-468 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 partys 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returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order.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 courts 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 courts records. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/18/2024) (vba)
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| Filing 12 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:23-cv-08736. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba) |
| Case Designated ECF. (vba) |
| 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..(vba) |
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Filing 11
TRANSFER ORDER: The Court finds that transfer of this case to the Southern District of New York is in the interest of justice. The Clerk of Court is directed to transfer this action to the United States District Court for the Southern District of New York. See 28 U.S.C. 1391(b), 1404(a). The Court offers no opinion on the merits of the action or plaintiff's request toproceed in forma pauperis, ECF No. 2. The provision of Rule 83.1 of the Local Rules of the Eastern District of New York, which requires a seven-day delay, is waived. The Clerk of Court is directed to mark this case closed and mail a copy of this Order to plaintiff. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). ORDER ATTACHED. Ordered by Judge Natasha C. Merle on 5/8/2024. (copy mailed). Case transferred to District of Southern, New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (AG) [Transferred from New York Eastern on 5/10/2024.]
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| Case Reassigned to Judge Natasha C. Merle. Judge Nina R. Morrison no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (BBM) [Transferred from New York Eastern on 5/10/2024.] |
| Filing 10 Letter MOTION for Extension of Time to File . Plaintiff is requesting an extension of time to pay the filing fee, filed by Yi Sun. (JVC) (Additional attachment(s) added on 3/11/2024: #1 Affirmation of Service) (JVC). [Transferred from New York Eastern on 5/10/2024.] |
| Filing 9 MOTION for Leave to Proceed in forma pauperis by Yi Sun. (JVC) [Transferred from New York Eastern on 5/10/2024.] |
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ORDER DENYING #8 Motion or Order to Show Cause: Plaintiff's #8 Motion for an Order to Show Cause is denied. The Court understands Plaintiff to be seeking an order requiring the New York City Police Department and the Civilian Complaint Review Board to immediately provide Plaintiff with various reports related to the allegations in the #1 Complaint. As the Court has not yet issued a ruling concerning #2 Plaintiffs Motion for Leave to Proceed in forma pauperis, the Defendants have not yet been served in this case. Given the current posture of this matter, the Court denies Plaintiff's request for immediate production of documents without prejudice; to the extent the case proceeds to discovery, she may renew her request for production of documents at that time. The Court also understands Plaintiff to be requesting that a hearing take place on Plaintiff's motion on March 11, April 15, or April 22, 2024. At this time, the Court finds that an immediate hearing is unnecessary, and denies Plaintiff's request for the same. To the extent Plaintiff instead is asking to continue (or change the date of) a hearing scheduled on one of the aforementioned dates, this Court is unaware of any pending hearings in this case or any related case, and therefore is not in a position to consider such a request. For free, limited-scope legal assistance, Plaintiff may contact the City Bar Justice Center's Federal Pro Se Legal Assistance Project at (212) 382-4729. She may also contact the Pro Se Office at the United States Courthouse by calling 718-613-2665. The Clerk of the Court is respectfully directed to serve a copy of this order on Plaintiff. Ordered by Judge Nina R. Morrison on 2/27/2024. (AKC) [Transferred from New York Eastern on 5/10/2024.]
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| Filing 8 Motion or Order to Show Cause filed by Pro Se Plaintiff Yi Sun. (ENE) [Transferred from New York Eastern on 5/10/2024.] |
| Filing 6 Letter dated December 29, 2023 to Judge Morrison, Magistrate Judge Henry and Chief Judge Brodie from pro se Plaintiff Yi Sun requesting for a correction to be made in the case's information. See letter for details. (JVC) [Transferred from New York Eastern on 5/10/2024.] |
| Filing 7 Letter dated 12/15/2023 from Yi Sun to the Honorable Judge Nina Morrison and the Honorable Judge Henry, regarding corrections in the parties' address information. (VRM) [Transferred from New York Eastern on 5/10/2024.] |
| Filing 5 Mail Returned as Undeliverable. Documents were sent to pro se Plaintiff, Yi Sun 10 East 116th Street Apt 3A New York, NY 10029. Envelop marked, "Return to sender insufficient address unable to forward." (JVC) [Transferred from New York Eastern on 5/10/2024.] |
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ORDER OF RECUSAL. Magistrate Judge James R. Cho recused. Case reassigned to Judge Nina R. Morrison for all further proceedings. Type of Recusal: party.Ordered by Magistrate Judge James R. Cho on 11/29/2023. (BBM) [Transferred from New York Eastern on 5/10/2024.]
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| Case randomly assigned to Magistrate Judge Marcia M. Henry for referral matters. (BBM) [Transferred from New York Eastern on 5/10/2024.] |
| Filing 4 AMENDED COMPLAINT against Eric Leroy Adam, Tsai Chung Chao, Hugh H Mo, New York City Police Department, filed by Yi Sun. (CV) [Transferred from New York Eastern on 5/10/2024.] |
| Filing 3 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (CV) [Transferred from New York Eastern on 5/10/2024.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Yi Sun. (CV) [Transferred from New York Eastern on 5/10/2024.] |
| Filing 1 COMPLAINT against Eric Leroy Adam, Tsai Chung Chao, Hugh H Mo, New York City Police Department, filed by Yi Sun. (Attachments: #1 Civil Cover Sheet) (CV) [Transferred from New York Eastern on 5/10/2024.] |
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