Weinstein v. Village of Briarcliff Manor et al
| Elizabeth Harding Weinstein |
| Sgt. William Bassett, Peter E. Chatzky, Justice Howard T. Code, PO Gregory Campus, Maria Pascetta, Kevin Hunt, Lt. Dominick Bueti, Briarcliff Police Department, Joyce Miller, Marie Vitale, Sabine Werner, Rori M. Zirman, David Lauscher, Daniel Pozin, Philip E. Zegarelli, Former Chief Donald Gorey, Brian Stryker Weinstein, PO Cody Wilkinson, Det. Fred Galbraith, Edward E. Midgley, Mayor Steven A. Vescio, John Doe 1-10, Village of Briarcliff Manor, Fred Green and Sgt. Thomas Nacke |
| 7:2021cv01996 |
| March 8, 2021 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Civil Rights: Other |
| 28 U.S.C. § 1331 vc |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 28, 2021. A more recent docket listing may be available from PACER.
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Filing 27
ORDER denying without prejudice #25 Motion for Permission for Electronic Case Filing: See Doc. 26. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Filing 26
ORDER denying without prejudice #24 Motion for Permission for Electronic Case Filing: Application denied without prejudice to renewal using the SDNY form (available on the Court's website). (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 25 FIRST MOTION for Permission for Elizabeth Harding Weinstein to participate in electronic case filing in this case COURT OF Appeals, CM/ECF filing; instructed to file in court of Origination. Document filed by Elizabeth Harding Weinstein. Return Date set for 6/2/2021 at 12:00 PM..(Weinstein, Elizabeth) |
| Filing 24 FIRST MOTION for Permission for Elizabeth Harding Weinstein to participate in electronic case filing in this case Court of Appeals, CM/ECF filing; instructed to file in court of Origination. Document filed by Elizabeth Harding Weinstein. Return Date set for 6/2/2021 at 12:00 PM..(Weinstein, Elizabeth) |
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Filing 23
ORDER denying #22 Motion to Stay, SECOND MOTION for Protective Order, THIRD MOTION for Preliminary Injunction: For reasons already explained, (see Doc. 8), this Court will not interfere with pending state court proceedings. If Plaintiff believes that erroneous order have been issued in those proceedings, her remedy (should she be entitled to one) lies in the state appellate process. As for Instagram, there is no indication that any Defendant has any control over what appears on that platform. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) Transmission to Office of the Clerk of Court for processing.
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| Filing 22 FIRST MOTION to Stay April 16, 2021 Halper Ex Parte TOP issued based on ex post facto Koba TOP, and Orders from Briarcliff Village Court., SECOND MOTION for Protective Order in favor of Plaintiff Elizabeth Harding Weinstein that Defendants Briarcliff Manor Police and Westchester County District Attorneys Office REFRAIN FROM harassment, intimidation, coercion, coercive control, unlawful arrests, unlawful search and seizure, false imprisonment, malicious prosecution and abuse of Process of Plaintiff., THIRD MOTION for Preliminary Injunction Cease and Desist Spoliation of Evidence, to wit instagram account 'lizzieharding1'. Document filed by Elizabeth Harding Weinstein. (Attachments: #1 Exhibit A: Ex Parte Ex Post Facto April 16, 2021 Koba TOP and Papers on which it was granted, #2 Exhibit B:C: Videos of Unlawful Arrest of Plaintiff by Defendants while denying Plaintiff Rights, using Ex Post Facto Koba Order, #3 Exhibit D: Ex Parte April 16, 2021 Halper TOP issued in violation of laws and rights).(Weinstein, Elizabeth) |
| Filing 21 SEALED DOCUMENT placed in vault..(ak) |
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Filing 20
ORDER: Plaintiff's motions to recuse, (Docs. 10, 16-18), are DENIED. Recusal is required under 28 U.S.C. 455(a) where the judge's "impartiality might reasonably be questioned," as further set forth in this Order. I am confident that a person of Plaintiff's intelligence can understand that the administration of justice would be impossible if litigants could oust a judge because they did not like her rulings, and that therefore Plaintiff should not waste her time, or the Court's, filing motions on such a basis in the future. See, e.g., In re Evergreen Sec., Ltd., 570 F.3d 1257, 1274 (11th Cir. 2009) ("[A] recusal motion is an improper vehicle to dispute disagreeable adverse rulings. It is a clear abuse of such a pleading."); Sassower v. Abrams, 833 F. Supp. 253, 267 (S.D.N.Y. 1993) ("Disagreement with a court's rulings in an action cannot serve as a basis for recusal.") (cleaned up). Plaintiff is reminded that the Court has not made any determinations regarding her competency and is merely undertaking an inquiry as required by Lewis v. Newburgh Housing Authority, 692 F. App'x 673 (2d Cir. 2017) (summary order), as amended (July 6, 2017), in light of the facts brought to the Court's attention by Plaintiff - that Plaintiff has recently been found incompetent by another court and involuntarily hospitalized. (See Docs. 5-6, 10.) Finally, for the information of Plaintiff and perhaps the Court of Appeals, the orders Plaintiff specifies in her Notice of Appeal, (Doc. 13), have been complied with. The Court will maintain the responsive documents under seal. SO ORDERED. (Signed by Judge Cathy Seibel on 4/30/2021) (mml)
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| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #19 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #19 Notice of Appeal filed by Elizabeth Harding Weinstein were transmitted to the U.S. Court of Appeals. (tp) |
| Appeal Fee Payment: for #13 Notice of Appeal, #19 Notice of Appeal. Filing fee $ 505.00, receipt number ANYSDC-24476729..(Weinstein, Elizabeth) |
| Appeal Fee Payment: for #13 Notice of Appeal, #19 Notice of Appeal. Filing fee $ 505.00, receipt number ANYSDC-24476702..(Weinstein, Elizabeth) |
| Filing 19 NOTICE OF APPEAL from #8 Order on Motion for Miscellaneous Relief. Document filed by Elizabeth Harding Weinstein. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
| Filing 18 AFFIDAVIT(Affirmation)OF TRUTH: DOCUMENT TAMPERING. Document filed by Elizabeth Harding Weinstein. (sc) |
| Filing 17 AFFIDAVIT OF TRUTH: IMPROPER MOTION OF THE COURT; SOUND MIND & BODY, FULLY COMPETENT; REQUEST TO VACATE SEIBEL 4/6/21 ORDER AND RECUSE SUA SPONTE: AMENDMENTS & EXHIBITS, re: #9 Order. Document filed by Elizabeth Harding Weinstein. (sc) |
| Filing 16 LETTER addressed to Judge Cathy Seibel from Elizabeth Weinstein, dated 4/28/21 re: "EX PARTE COMMUNICATIONS: SUA SPONTE RECUSAL" - Thank you for so quickly approving my motion for permission for electronic case filing. As you are aware, executing on my proper motion will allow me to immediately pay my filing fees online and prevent any further denial of my due process etc. Your Orders of 4/6/21 and 4/22/21 provide an undeniable appearance of impropriety. It is clear that this Court has had ex parte communications with the defendants in this case. This case has yet to be served as per the Seibel 3/17/21 Order(doc. #8) which was not entered until 3/18/21 at 9:29 am: "No summons shall issue at this time." The clear documentation that Judge Seibel had separate communications with one of the defendants who then "indicated that he is authorized to accept service" is highly improper etc. I have not been served Doc. #11, nor do I have any knowledge of who served this document and what their business was with this Court. I did not receive email notice of Doc. #11 being filed in this case etc. For the avoidance of doubt, given the above evidence of Judicial Misconduct in violation of rules of Judicial Conduct which are mandatory and supersede any conflicting judicial-council rules, please recuse yourself sua sponte etc. Document filed by Elizabeth Harding Weinstein.(sc) |
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Filing 15
MEMO ENDORSED ORDER granting #14 Motion for Permission for Electronic Case Filing. ENDORSEMENT: Application for electronic case filing privileges is granted. The Clerk shall terminate Doc. 14. SO ORDERED. (Signed by Judge Cathy Seibel on 4/27/2021) (mml)
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| Filing 14 MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING, re: for Permission for E. Weinstein to participate in electronic case filing in this case. Document filed by Elizabeth Harding Weinstein.(sc) |
| Filing 13 NOTICE OF APPEAL from #9 Order, #12 Order. Document filed by Elizabeth Harding Weinstein. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #13 Notice of Appeal filed by Elizabeth Harding Weinstein were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #13 Notice of Appeal. (tp) |
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Filing 12
ORDER: IT IS HEREBY ORDERED that St. Vincent's Hospital Westchester shall, no later than April 29, 2021, submit to the Court for in camera review any and all mental health records relating to Plaintiff Elizabeth Harding Weinstein dated March 9, 2021 to the present. The records shall be delivered directly to my chambers via mail, fax, or personal delivery at the Hon. Charles L. Brieant Jr. Federal Building and U.S. Courthouse, 300 Quarropas Street, White Plains, New York 10601. SO ORDERED. (Signed by Judge Cathy Seibel on 4/22/2021) (mml)
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| Filing 11 SEALED DOCUMENT placed in vault..(ak) |
| Filing 10 AFFIDAVIT(Affirmation)OF TRUTH of Elizabeth Harding Weinstein. Document filed by Elizabeth Harding Weinstein. (sc) Modified on 4/21/2021 (sc). |
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Filing 9
ORDER: IT IS HEREBY ORDERED that the Village of Briarcliff Clerk of Court shall, no later than April 20, 2021, submit to the Court any and all records relating to Plaintiffs competency, including any evaluations and rulings, along with a letter explaining which records, if any, are public; and it is further ORDERED that Plaintiff may also, no later than April 20, 2021, supply any records relating to competency that she wishes the Court to consider, along with a letter explaining which records, if any, are public, as well as suggestions for who might be willing to serve as her guardian ad litem should she be found to be incompetent. The parties shall make their submissions directly to my chambers. The Court will serve this Order on Plaintiff via ECF and on the Village of Briarcliff Clerk of Court through Lewis Silverman, Esq., who has indicated that he is authorized to accept service. SO ORDERED. (Signed by Judge Cathy Seibel on 4/6/2021) (mml)
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Filing 8
ORDER denying #3 MOTION for Injunctive Relief; denying #5 MOTION IMMEDIATE INJUNCTIVE RELIEF, EMERGENCY ACCESS REQUESTED. Plaintiff has consented to receive electronic service of Court filings. (ECF 2.) The Court denies Plaintiff's motions for emergency injunctive relief (ECF 3, 5) under the Younger abstention doctrine. The Court dismisses Plaintiff's claims against Justice Code without prejudice under the doctrine of judicial immunity and as frivolous. The Court also dismisses Plaintiffs claims against Assistant District Attorneys Lauscher, Miller, and Green without prejudice under the doctrine of prosecutorial immunity and as frivolous. Plaintiff's claims against the remaining defendants will be addressed in a subsequent order. No summonses shall issue at this time. 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). SO ORDERED. (Signed by Judge Cathy Seibel on 3/17/2021) (mml)
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| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Kenneth M. Karas is no longer assigned to the case. (laq) |
| Filing 7 LETTER from E. Weinstein, re: During time of false imprisonment, please contact the plaintiff, Elizabeth Harding Weinstein, at St Vincent's Medical Ceter in Westchester County, New York at the following phone numbers: 914/967-9631; 914/967-9810; 914/967-9812 and 914/967-9621 etc. Document filed by Elizabeth Harding Weinstein.(sc) |
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Filing 6
LETTER from Elizabeth Weinstein, dated 3/11/21 re: This involuntary committment order was issued by Judge Code in response to filing a federal civil rights case, #1-21-cv-01996-UA, against Hon. Judge Code's involuntary committment order, which I have never been allowed to see and in violation of my Constitutional rights to Due Process etc. I am requesting immediate discharge. I am being unlawfully held by Dr. Efobie and Nurse Practitioner Tayeb who both refused to provide me with a copy of the order, or what diagnosis they believe I have. Document filed by Elizabeth Harding Weinstein.(sc)
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| Filing 5 MOTION FOR IMMEDIATE INJUNCTIVE RELIEF, EMERGENCY ACCESS REQUESTED. Document filed by Elizabeth Harding Weinstein.(sc) |
| Magistrate Judge Andrew E. Krause 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. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Unassigned is no longer assigned to the case. (vba) |
| Filing fee: $402.00, receipt number 465407018377 received. (sj) |
| Filing 3 MOTION FOR INJUNCTIVE RELIEF: Emergency Access to Court Request. Document filed by Elizabeth Harding Weinstein.(sac) Modified on 3/11/2021 (sac). |
| Filing 2 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Elizabeth Harding Weinstein consents to receive electronic service via the ECF system. Document filed by Elizabeth Harding Weinstein. (sac) |
| Filing 1 COMPLAINT against William Bassett, Briarcliff Police Department, Dominick Bueti, Gregory Campus, Peter E. Chatzky, Howard T. Code, John Doe 1-10, Fred Galbraith, Donald Gorey, Fred Green, Kevin Hunt, David Lauscher, Edward E. Midgley, Joyce Miller, Thomas Nacke, Maria Pascetta, Daniel Pozin, Steven A. Vescio, Village of Briarcliff Manor, Marie Vitale, Brian Stryker Weinstein, Sabine Werner, Cody Wilkinson, Philip E. Zegarelli, Rori M. Zirman. Document filed by Elizabeth Harding Weinstein..(sac) |
| Case Designated ECF. (sac) |
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