Emrit v. Special Agent in Charge of FBI Field Office in Southern District of New York (SDNY)
| Ronald Satish Emrit |
| Special Agent in Charge of FBI Field Office in Southern District of New York (SDNY) |
| 1:2022cv00822 |
| November 1, 2022 |
| US District Court for the Western District of New York |
| Lawrence J Vilardo |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 Civil Rights |
| None |
Docket Report
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| Document Text |
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| Filing 9 SECOND MOTION in Limine by Ronald Satish Emrit. (Attachments: #1 envelope)(SG) |
| Filing 8 REPLY/RESPONSE to 3 Text Order to Show Cause filed by Ronald Satish Emrit. (SG) |
| Filing 7 CLERKS CERTIFICATE filed and electronically sent to Court of Appeals (Attachments: #1 Index)(SG) |
| Filing 6 NOTICE OF INTERLOCUTORY APPEAL as to 3 Text Order by Ronald Satish Emrit. FEE STATUS: In Forma Pauperis Motion Pending. (Attachments: #1 envelope)(SG) |
| Filing 5 CLERKS CERTIFICATE filed and electronically sent to Court of Appeals (Attachments: #1 Index)(SG) |
| Filing 4 NOTICE OF INTERLOCUTORY APPEAL as to 3 Text Order. FEE STATUS: In Forma Pauperis Motion Pending. |
Filing 3
ORDER TO SHOW CAUSEOn November 1, 2022, the pro se plaintiff, Ronald Satish Emrit, filed a complaint asserting claims related to alleged racial profiling by the defendant, "the Special Agent in Charge of the New York field office of the Federal Bureau of Investigation." Docket Item #1 . More specifically, he alleges that the defendant has committed several invasion-of-privacy torts, as well as violations of the Civil Rights Act of 1964; the Americans with Disabilities Act; the Privileges and Immunities Clause; and the Fourth, Fifth, Eighth, and Fourteenth Amendments to the United States Constitution. Emrit also has moved to proceed in forma pauperis. Docket Item #2 . For the reasons that follow, the Court will dismiss the complaint under 28 U.S.C. 1915(e)(2) unless Emrit shows cause why this Court has jurisdiction over the defendant and why venue is appropriate in this district.Emrit has failed to plausibly allege that this Court has jurisdiction over the defendant or that venue in this Court is proper. See generally Eades v. Kennedy, PC Law Offices, 799 F.3d 161, 168 (2d Cir. 2015); 28 U.S.C. 1391. According to the complaint, neither Emrit nor the defendant is domiciled within the Western District of New York. See Docket Item 1 at 2; 28 U.S.C. 1391(b), 1391(e). And while the complaint sets out several instances in which Emrit alleges he was racially profiled, it does not appear that any of those instances occurred within this district. See Docket Item 1 at 3; 28 U.S.C. 1391(b).Emrit's complaint therefore will be dismissed unless, within 30 days of the date of this order, Emrit shows cause (1) why this Court has jurisdiction over the defendant and (2) why venue is appropriate in this District. If Emrit does not do so, the Clerk of Court shall close this case without further order of the Court.SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/4/2022. (DJ)This was mailed to: the plaintiff.
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Ronald Satish Emrit. (TMK) |
| Filing 1 COMPLAINT against Special Agent in Charge of FBI Field Office in Southern District of New York (SDNY), filed by Ronald Satish Emrit. (Attachments: #1 Exhibit, #2 Envelope)(TMK) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK) |
| Remark: Plaintiff has been given a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, Pro Se Assistance Program Information, Civil Case Timeline and ADR Notification. (TMK) |
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