Hudson v. Forman et al
| Robert Hudson |
| Michael Hayes, The Dutchess County Clerk, Peter Forman, The County of Dutchess, Dutchess County Attorney, Thomas Angell and Dutchess County District Attorney |
| 7:2019cv11192 |
| December 6, 2019 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Paul G Gardephe |
| Lisa Margaret Smith |
| Real Property: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 6, 2020. A more recent docket listing may be available from PACER.
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| Filing 28 LETTER from Robert Hudson, dated 1/23/20 re: COMPLAINANT'S REQUEST FOR AN EXTENSION OF TIME TO ANSWER DEFENDANTS' REPLY TO COMPLAINT. Document filed by Robert Hudson..(sc) |
| Mailed a copy of #27 Order of Dismissal, Terminate Motions, to Robert Hudson 254 Hicks Hill Road Stanfordville, NY 12581. (aea) |
Filing 27
ORDER OF DISMISSAL: Plaintiff's complaint is dismissed under the doctrines of Eleventh Amendment immunity, prosecutorial immunity, judicial immunity, for failure to state a claim on which relief may be granted, and as frivolous. The Court declines to exercise its supplemental jurisdiction over any state-law claims Plaintiff may be asserting. 28 U.S.C. 1367(c)(3). In addition, the motion to dismiss filed by defendants Dutchess County Clerk, Thomas Angell, Dutchess County Attorney, the County of Dutchess, and Dutchess County District Attorney is DENIED AS MOOT. The Court warns Plaintiff that further duplicative and vexatious litigation in this Court will result in an order baning Plaintiff from filing any new civil action concerning the subject of this action, that is, the ongoing property dispute with his neighbors, without receiving prior permission from the Court. 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 Clerk of Court is directed to (i) mail a copy of this Order to Plaintiff and note service on the docket, (ii) terminate the motion (Doc. #21 ), and (iii) close this case. SO ORDERED. Motions terminated: #21 MOTION to Dismiss filed by Dutchess County District Attorney, Dutchess County Attorney, The County of Dutchess, The Dutchess County Clerk, Thomas Angell. (Signed by Judge Vincent L. Briccetti on 1/17/2020) (mml) Transmission to Docket Assistant Clerk for processing.
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| Filing 26 AFFIDAVIT OF SERVICE of Memorandum of Law served on Robert Hudson on January 16, 2020. Service was made by Mail. Document filed by Thomas Angell, Dutchess County Attorney, Dutchess County District Attorney, The County of Dutchess, The Dutchess County Clerk. (Posner, David) |
| Filing 25 AFFIDAVIT OF SERVICE of Notice of Motion, Rule 12.1 Notice to Pro Se Litigant, Affidavit and Exhibits served on Robert Hudson on January 16, 2020. Service was made by Mail. Document filed by Thomas Angell, Dutchess County Attorney, Dutchess County District Attorney, The County of Dutchess, The Dutchess County Clerk. (Posner, David) |
| Filing 24 MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss . . Document filed by Thomas Angell, Dutchess County Attorney, Dutchess County District Attorney, The County of Dutchess, The Dutchess County Clerk. (Posner, David) |
| Filing 23 AFFIDAVIT of David L. Posner in Support re: #21 MOTION to Dismiss .. Document filed by Thomas Angell, Dutchess County Attorney, Dutchess County District Attorney, The County of Dutchess, The Dutchess County Clerk. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Posner, David) |
| Filing 22 NOTICE of Rule 12.1 Notice to Pro Se Litigant re: #21 MOTION to Dismiss .. Document filed by Thomas Angell, Dutchess County Attorney, Dutchess County District Attorney, The County of Dutchess, The Dutchess County Clerk. (Posner, David) |
| Filing 21 MOTION to Dismiss . Document filed by Thomas Angell, Dutchess County Attorney, Dutchess County District Attorney, The County of Dutchess, The Dutchess County Clerk.(Posner, David) |
| NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Lisa Margaret Smith, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Debra C. Freeman no longer referred to the case. (wb) |
| Magistrate Judge Lisa M. Smith is so redesignated. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Paul G. Gardephe is no longer assigned to the case. (wb) |
| Filing 20 LETTER from Robert Hudson re: Plaintiff - Application for extension of time to respond to Defendants Reply and Request by Plaintiff for extension of time to file application to proceed in forma pauperis. Document filed by Robert Hudson. (Attachments: #1 Request, #2 Plaintiff Granting Defendant Extension of time to answer) (sac) |
| Filing 19 AFFIDAVIT OF SERVICE of Notice of Appearance served on Robert Hudson on January 3, 2020. Service was made by Mail. Document filed by Thomas Angell, Dutchess County Attorney, Dutchess County District Attorney, The County of Dutchess, The Dutchess County Clerk. (Lee, Kimberly) |
| Filing 18 NOTICE OF APPEARANCE by Kimberly Hunt Lee on behalf of Thomas Angell, Dutchess County Attorney, Dutchess County District Attorney, The County of Dutchess, The Dutchess County Clerk. (Lee, Kimberly) |
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Filing 17
ORDER granting #16 Letter Motion for Extension of Time to Answer re #11 Amended Complaint. Granted. SO ORDERED. (This resolves Dkt. 16). Peter Forman(Individually) answer due 1/31/2020; Peter Forman(Dutchess County Judge) answer due 1/31/2020; Michael Hayes answer due 1/31/2020 (Signed by Magistrate Judge Debra C. Freeman on 12/20/2019) (kv)
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| Filing 16 LETTER MOTION for Extension of Time to File Answer re: #11 Amended Complaint, addressed to Judge Paul G. Gardephe from Adam Sansolo dated December 19, 2019. Document filed by Peter Forman(Individually), Peter Forman(Dutchess County Judge), Michael Hayes.(Sansolo, Adam) |
| Filing 15 NOTICE OF APPEARANCE by Adam Joseph Sansolo on behalf of Peter Forman(Individually), Peter Forman(Dutchess County Judge), Michael Hayes. (Sansolo, Adam) |
| Filing 14 LETTER addressed to Judge Paul G. Gardephe from David L. Posner, Esq. dated December 17, 2019 re: Requesting case be transferred to White Plains. Document filed by Thomas Angell, Dutchess County Attorney, Dutchess County District Attorney, The County of Dutchess, The Dutchess County Clerk.(Posner, David) |
| Filing 13 AFFIDAVIT OF SERVICE of Notice of Appearance served on Robert Hudson on December 17, 2019. Service was made by Mail. Document filed by Thomas Angell, Dutchess County Attorney, Dutchess County District Attorney, The County of Dutchess, The Dutchess County Clerk. (Posner, David) |
| Filing 12 NOTICE OF APPEARANCE by David Lewis Posner on behalf of Thomas Angell, Dutchess County Attorney, Dutchess County District Attorney, The County of Dutchess, The Dutchess County Clerk. (Posner, David) |
| Filing 11 AMENDED COMPLAINT, re: amending #1 Complaint, against Thomas Angell, Dutchess County Attorney, Dutchess County District Attorney, Peter Forman(Individually), Peter Forman(Dutchess County Judge), Michael Hayes, The County of Dutchess, The Dutchess County Clerk with JURY DEMAND.Document filed by Robert Hudson. Related document: #1 Complaint.(sc) |
| Filing 10 CERTIFICATE OF SERVICE of Summons and Amended Complaint. Michael Hayes; served on 12/10/2019, answer due 12/31/2019. Service was accepted by unnamed female(white). Document filed by Robert Hudson. (sc) Modified on 12/12/2019 (sc). |
| Filing 9 CERTIFICATE OF SERVICE of Summons and Amended Complaint. The Dutchess County Clerk served on 12/10/2019, answer due 12/31/2019. Service was accepted by unnamed female(white). Document filed by Robert Hudson. (sc) Modified on 12/12/2019 (sc). |
| Filing 8 CERTIFICATE OF SERVICE of Summons and Amended Complaint. Peter Forman(Dutchess County Judge) served on 12/10/2019, answer due 12/31/2019. Service was accepted by unnamed female(white). Document filed by Robert Hudson. (sc) Modified on 12/12/2019 (sc). |
| Filing 7 CERTIFICATE OF SERVICE of Summons and Amended Complaint. Thomas Angell served on 12/10/2019, answer due 12/31/2019. Service was accepted by unnamed female(white, blond hair). Document filed by Robert Hudson. (sc) Modified on 12/12/2019 (sc). |
| Filing 5 CERTIFICATE OF SERVICE of Summons and Complaint. Dutchess County District Attorney; served on 12/10/2019, answer due 12/31/2019. Service was accepted by unnamed female(white, dark hair). Document filed by Robert Hudson. (sc) Modified on 12/12/2019 (sc). |
| Filing 6 CERTIFICATE OF SERVICE of Summons and Complaint. Service was made to Dutchess County Attorney; accepted by Victoria Civitillo, Sr. Assistant Attorney. Document filed by Robert Hudson. (sc) Modified on 12/12/2019 (sc). |
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Filing 4
ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Debra C. Freeman. SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/10/2019) (jca)
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| Filing 2 CIVIL COVER SHEET filed. (sac) |
| Filing 1 COMPLAINT against Thomas Angell, Dutchess County Attorney, Peter Forman(Individually), Peter Forman(Dutchess County Judge), Michael Hayes, The County of Dutchess, The Dutchess County Clerk. (Filing Fee $ 400.00, Receipt Number 465401249911) Document filed by Robert Hudson. (sac) |
| Case Designated ECF. (sac) |
| Magistrate Judge Debra C. Freeman 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sac) |
| SUMMONS ISSUED as to Thomas Angell, Dutchess County Attorney, Peter Forman(Individually), Peter Forman(Dutchess County Judge), Michael Hayes, The County of Dutchess, The Dutchess County Clerk. (sac) |
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