Hudson v. Kindall et al
| Robert Hudson |
| Edward McLoughlin, New York State Appellate Division - Second Judicial Department, Bradford Kindall, Peter Forman and Dutchess County Attorney |
| 7:2019cv01830 |
| February 26, 2019 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 8, 2019. A more recent docket listing may be available from PACER.
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Filing 22
CIVIL JUDGMENT: Pursuant to the order issued April 8, 2019, dismissing this action, IT IS ORDERED, ADJUDGED AND DECREED that this action is dismissed. The Court dismisses Plaintiff's claims under 42 U.S.C. 1983 against Judges Forman and McLaughlin, Dutchess County Clerk Bradford Kendall, and the New York Supreme Court, Appellate Division, Second Department, as frivolous. The Court declines to consider under its supplemental jurisdiction any remaining claims that Plaintiff asserts under state law. 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. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Plaintiff and note service on the docket. (Signed by Judge Cathy Seibel on 4/8/2019) (mml) Transmission to Docket Assistant Clerk for processing.
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| Filing 21 AMENDED COMPLAINT amending #1 Complaint, against Dutchess County Attorney, Peter Forman (Dutchess County Supreme Court Judge), Peter Forman (Dutchess County Court Judge), Bradford Kindall, Edward McLoughlin, New York State Appellate Division - Second Judicial Department. Document filed by Robert Hudson. Related document: #1 Complaint. (mml) |
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Filing 20
ORDER OF DISMISSAL: The Court directs the Clerk of Court to mail a copy of this order to Plaintiff and note service on the docket. The Court denies Plaintiff's applications to file an amended complaint as unnecessary. (ECF No. 8 & 10.) The Court directs the Clerk of Court to separate Plaintiff's proposed amended complaint from his latest application (ECF No. 10, at 12-57) and file it as Plaintiff's amended complaint. The Court dismisses this action. The Court dismisses Plaintiff's claims under 42 U.S.C. 1983 against Judges Forman and McLaughlin, Dutchess County Clerk Bradford Kendall, and the New York Supreme Court, Appellate Division, Second Department, as frivolous on grounds of immunity. The Court declines to consider under its supplemental jurisdiction any remaining claims that Plaintiff asserts under state law. See 28 U.S.C. 1367(c)(3). The Court denies as moot the request of the New York Supreme Court, Appellate Division, Second Department, and Judges Forman and McLaughlin to extent the time to respond to Plaintiff's complaint. (ECF No. 14.) 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 docket this order as a "written opinion" within the meaning of Section 205(a)(5) of the E-Government Act of 2002. SO ORDERED. Motions terminated: #8 MOTION to Amend/Correct #1 Complaint, filed by Robert Hudson, #14 FIRST LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Colleen McMahon from Shari M. Goodstein dated March 28, 2019 filed by New York State Appellate Division - Second Judicial Department, Peter Forman, Edward McLoughlin, #10 MOTION to Amend/Correct #1 Complaint, filed by Robert Hudson. Peter Forman (Dutchess County Court Judge), Bradford Kendall, Edward McLoughlin (Dutchess County Court Judge), New York State Appellate Division - Second Judicial Department, Dutchess County Attorney and Peter Forman (Dutchess County Supreme Court Judge) terminated. (Signed by Judge Cathy Seibel on 4/8/2019) (mml) Transmission to Docket Assistant Clerk for processing. Modified on 4/9/2019 (mml).
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| Mailed a copy of #20 Order of Dismissal, Terminate Motions, Add and Terminate Parties, #22 Judgment, with Notice of Right to Appeal to Robert Hudson 254 Hicks Hill Road Stanfordville, NY 12581. (aea) |
| Filing 19 NOTICE OF APPEARANCE by Shari M. Goodstein on behalf of Edward McLoughlin. (Goodstein, Shari) |
| Filing 18 NOTICE OF APPEARANCE by Shari M. Goodstein on behalf of Peter Forman(Dutchess County Supreme Court Judge), Peter Forman(Dutchess County Court Judge). (Goodstein, Shari) |
| Magistrate Judge Lisa M. Smith 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: #http://nysd.uscourts.gov/forms.php. (bcu) |
| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Unassigned is no longer assigned to the case. (bcu) |
| Filing 16 MEMO ENDORSEMENT on re: #15 Letter filed by Dutchess County Attorney, Bradford Kindall. ENDORSEMENT: Please assign case randomly in White Plains. (Signed by Judge Colleen McMahon on 4/1/2019) (mml) Transmission to Attorney Services/Help Desk. |
| Filing 15 LETTER addressed to Judge Colleen McMahon from David L. Posner, Esq. dated March 28, 2019 re: Requesting Case Be Assigned to a White Plains Judge. Document filed by Dutchess County Attorney, Bradford Kindall.(Posner, David) |
| Filing 14 FIRST LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Colleen McMahon from Shari M. Goodstein dated March 28, 2019. Document filed by Peter Forman(Dutchess County Supreme Court Judge), Peter Forman(Dutchess County Court Judge), Edward McLoughlin, New York State Appellate Division - Second Judicial Department.(Wright, Alissa) |
| Filing 13 AFFIDAVIT OF SERVICE of Notice of Appearance served on Robert Hudson on March 20, 2019. Service was made by Mail. Document filed by Dutchess County Attorney, Bradford Kindall. (Posner, David) |
| Filing 12 NOTICE OF APPEARANCE by David Lewis Posner on behalf of Dutchess County Attorney, Bradford Kindall. (Posner, David) |
| Filing 11 AFFIDAVIT OF SERVICE of Application to Amend Complaint; served on Judge Peter Forman, Judge Edward McLoughlin, and Dutchess County Clerk Bradford Kendall on 3/16/19. Service was made by Mail. Document filed by Robert Hudson. (sc) |
| Filing 10 APPLICATION TO AMEND COMPLAINT; re: #1 Complaint. Document filed by Robert Hudson.(sc) |
| Filing 9 LETTER from Robert Hudson, dated 3/16/19 re: Plaintiff informs the Court that he herewith submits the original summons(attached as indicated) as the previous court requested. Document filed by Robert Hudson.(sc) |
| Filing 8 APPLICATION(Motion) TO AMEND COMPLAINT; re: to Amend/Correct #1 Complaint,. Document filed by Robert Hudson. (Attachments: #1 Proposed Amended Complaint)(sc) |
| Filing 7 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Edward McLoughlin served on 3/7/2019, answer due 3/28/2019. Service was accepted by (unnamed male, height: 6 ft 4 inches, age: 45 years old at 10 Market Street, 3rd Floor). Document filed by Robert Hudson. (sc) |
| Filing 6 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Bradford Kindall served on 3/7/2019, answer due 3/28/2019. Service was accepted by Assistant Dutchess County Clerk(unnamed female, height: 5 ft.6 inches, brown hair at 22 Market Street, Poughkeepsie, New York). Document filed by Robert Hudson. (sc) |
| Filing 5 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Dutchess County Attorney served on 3/7/2019, answer due 3/28/2019. Service was accepted by (Assistant Dutchess County Attorney, unnamed female, height: 5 ft. 5 inches, approx. 40 years old, at 22 Market Street, Poughkeepsie, New York). Document filed by Robert Hudson. (sc) |
| Filing 4 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Peter Forman(Dutchess County Supreme Court Judge) served on 3/7/2019, answer due 3/28/2019; Peter Forman(Dutchess County Court Judge) served on 3/7/2019, answer due 3/28/2019. Service was accepted by Clerk of Dutchess County Court (unnamed male, approx. 5 ft. 8 inches in height, brown hair) at 10 Market Street, Clerk's Office, Poughkeepsie, New York. Document filed by Robert Hudson. (sc) |
| Filing 3 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. New York State Appellate Division - Second Judicial Department, served on 3/12/2019, answer due 4/2/2019. Service was accepted by clerk(would not give name)(height: approx. 5ft. 11 inches, weight: 195 lbs.). Document filed by Robert Hudson. (sc) |
| SUMMONS ISSUED as to All Defendants. (vba) |
| Filing 2 CIVIL COVER SHEET filed. (jgo) |
| Filing 1 COMPLAINT against Dutchess County Attorney, Peter Forman(Dutchess County Supreme Court Judge), Peter Forman(Dutchess County Court Judge), Bradford Kindall, Edward McLoughlin, New York State Appellate Division - Second Judicial Department. (Filing Fee $ 400.00, Receipt Number 465401229710)Document filed by Robert Hudson.(jgo) |
| Case Designated ECF. (jgo) |
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