Iosilevich v. Walmart Inc. et al
| Ilya Feliksovich Iosilevich |
| Walmart Inc., Joseph Negron, Jane Doe, Jane Doe aka Biatriz, State of New York, New York State Police, Kevin P. Bruen, John T. Reicherter, John and Jane Doe 1-2, Westchester County Government, George Latimer, Westchester County Office of the District Attorney and Miriam E. Rocah |
| 7:2022cv04757 |
| June 7, 2022 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 9
INFORMATION PACKAGE MAILED to Ilya Feliksovich Iosilevich, at 2401 Mermaid Avenue Brooklyn, NY 11224-2209, on 7/7/2022 Re: #7 Order of Service, Add and Terminate Parties. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (sha)
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Filing 8
SUMMONS ISSUED as to Walmart Inc., Joseph Negron, Trooper John T. Reicherter, Kevin P. Bruen, Westchester County. (sha)
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Mailed a copy of #7 Order of Service, Add and Terminate Parties, #2 Complaint, to New York State Attorney General at 28 Liberty Street, New York, New York 10005. (sha)
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 7/7/2022 Re: Judge Vincent L. Briccetti #7 Order of Service, Add and Terminate Parties. The following document(s) were enclosed in the Service Package: Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) Walmart Inc., Joseph Negron, Trooper John T. Reicherter, Kevin P. Bruen, Westchester County. (sha)
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Filing 7
ORDER OF SERVICE: The Court dismisses Plaintiff's claims against the State of New York and the New York State Police because Plaintiff seeks monetary relief from a defendant that is immune from such relief and, therefore, the Court lacks subject matter jurisdiction. See 28 U.S.C. 1915(e)(2)(B)(iii); Fed. R. Civ. P. 12(h)(3). The Court dismisses Plaintiff's claims against the Westchester County District Attorney's Office and County Executive Latimer for failure to state a claim on which relief may be granted. See 28 U.S.C. 1915(e)(2)(B)(ii). The Court dismisses Plaintiff's claims against Westchester County District Attorney Rocah because they seek monetary relief against a defendant who is immune from such relief, 28 U.S.C. 1915(e)(2)(b)(iii), and, consequently, as frivolous, 28 U.S.C. 1915(e)(2)(B)(i). SeeCollazo v. Pagano, 656 F. 3d 131, 134 (2d Cir. 2011) (holding that claim against prosecutor is frivolous if it arises from conduct that is "intimately associated with the judicial phase of the criminal process"). The Clerk of Court is directed to mail a copy of this order and the complaint to New York State Attorney General at: 28 Liberty Street, New York, New York 10005. An amended complaint form is attached to this order. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Walmart, Negron, Reicherter, Bruen, and Westchester County, and deliver all documents necessary to effect service to the U.S. Marshals Service. 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 IFP status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Miriam E. Rocah, State of New York, Westchester County Office of the District Attorney, George Latimer and New York State Police terminated. (Signed by Judge Vincent L. Briccetti on 7/6/2022) (mml) Transmission to Pro Se Assistants for processing.
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Magistrate Judge Judith C. McCarthy 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)
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NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (vba)
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Filing 5
NOTICE OF APPEARANCE by Patricia A. O'Connor on behalf of Walmart Inc...(O'Connor, Patricia)
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Filing 4
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 6/8/2022) (vn)
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Filing 3
Consent to Electronic Service. Document filed by Ilya Feliksovich Iosilevich..(rdz)
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Filing 2
COMPLAINT against Kevin P. Bruen, Jane Doe, Jane Doe aka Biatriz, John and Jane Doe 1-2, George Latimer, Joseph Negron, New York State Police, John T. Reicherter, Miriam E. Rocah, State of New York, Walmart Inc., Westchester County Government, Westchester County Office of the District Attorney. Document filed by Ilya Feliksovich Iosilevich..(rdz)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Ilya Feliksovich Iosilevich..(rdz)
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Case Designated ECF. (rdz)
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