Ferguson v. Commissioner of Tax and Finance

Justia Dockets & Filings Second Circuit New York Western District Ferguson v. Commissioner of Tax and Finance

Ferguson v. Commissioner of Tax and Finance

Plaintiff:	Jeremiah M. Ferguson
Defendant:	Commissioner of Tax and Finance
Case Number:	6:2016cv06447
Filed:	June 29, 2016
Court:	US District Court for the Western District of New York
Office:	Rochester Office
County:	Monroe
Presiding Judge:	Charles J. Siragusa
Nature of Suit:	Other Civil Rights
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	None

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Date Filed	Document Text
May 12, 2017	Filing 10 DECISION AND ORDER granting 4 Motion for Sanctions; granting 5 Motion to Dismiss; denying 8 Motion to Dismiss; granting 9 Motion to Withdraw 4 MOTION for Sanctions , 9 MOTION to Withdraw, 8 MOTION to Dismiss, 5 M OTION to Dismiss ., Plaintiffs motion to withdraw, ECF No. 9, is granted and his motion to dismiss, ECF No. 8, is denied. Defendants motion to dismiss, ECF No. 5, is granted pursuant to Rule 12(b)(6) and Rule 12(b)(1) and the Clerk is directed to enter judgment in favor of Defendant. Defendants motion for sanctions, ECF No. 4, is granted and Plaintiff is ordered to pay the amount of $4,250.00 to the State of New York. Finally, Plaintiff is permanently enjoined from filing any new sal es tax credit case or proceeding in any federal district court without first seeking leave of this Court by means of a Motion Pursuant to Court Order Requiring Leave to File, supported by a sworn affidavit that sets out the following information: the name of the proposed defendant; the nature of the constitutional claim; and the unavailability of an adequate State remedy for the wrong claimed.Signed by Hon. Charles J. Siragusa on 5/11/17. (KAP)-CLERK TO FOLLOW UP- Copy of this Decision and Order and this NEF mailed to pro se plaintiff at 2404 Country Estates Road,Penn Yan, NY 14527-9599

Date Filed

Document Text

May 12, 2017

Filing 10 DECISION AND ORDER granting 4 Motion for Sanctions; granting 5 Motion to Dismiss; denying 8 Motion to Dismiss; granting 9 Motion to Withdraw 4 MOTION for Sanctions , 9 MOTION to Withdraw, 8 MOTION to Dismiss, 5 M OTION to Dismiss ., Plaintiffs motion to withdraw, ECF No. 9, is granted and his motion to dismiss, ECF No. 8, is denied. Defendants motion to dismiss, ECF No. 5, is granted pursuant to Rule 12(b)(6) and Rule 12(b)(1) and the Clerk is directed to enter judgment in favor of Defendant. Defendants motion for sanctions, ECF No. 4, is granted and Plaintiff is ordered to pay the amount of $4,250.00 to the State of New York. Finally, Plaintiff is permanently enjoined from filing any new sal es tax credit case or proceeding in any federal district court without first seeking leave of this Court by means of a Motion Pursuant to Court Order Requiring Leave to File, supported by a sworn affidavit that sets out the following information: the name of the proposed defendant; the nature of the constitutional claim; and the unavailability of an adequate State remedy for the wrong claimed.Signed by Hon. Charles J. Siragusa on 5/11/17. (KAP)-CLERK TO FOLLOW UP- Copy of this Decision and Order and this NEF mailed to pro se plaintiff at 2404 Country Estates Road,Penn Yan, NY 14527-9599

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Plaintiff: Jeremiah M. Ferguson
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Defendant: Commissioner of Tax and Finance
Represented By:	Heather Lynn McKay
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