Case details

Court: nysd
Docket #: 1:12-cv-04378
Case Name: Anonymous Plaintiff v. The United States Attorney General et al
PACER case #: 397559
Date filed: 2012-06-04
Date terminated: 2013-07-03
Assigned to: Judge Andrew L. Carter, Jr
Referred to: Magistrate Judge Frank Maas
Case Cause: 28:1331 Fed. Question
Nature of Suit: 440 Civil Rights: Other
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Anonymous Plaintiff
Plaintiff
 
Anonymous Plaintiff
P.O. Box 4668
#50504
New York, NY 10163
PRO SE
The United States Attorney General
Defendant
 
Elizabeth Tulis
United States Attorney's Office
Southern District Of New York
86 Chambers Street, Third Floor
New York, NY 10007
(212)-637-2725
Fax: (212)-637-2702
Email: elizabeth.tulis@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
The New York Attorney General
Defendant
 
Jane R. Goldberg
New York State Office of the Attorney General
120 Broadway
New York, NY 10271
(212) 416-6133
Fax: (212) 416-6075
Email: jane.goldberg@ag.ny.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Congress
Defendant
TERMINATED: 07/25/2012
New York State
Defendant
TERMINATED: 07/25/2012
Holder
Defendant
 
Elizabeth Tulis
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Schneiderman
Defendant
 
Jane R. Goldberg
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-06-04 1 0 DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Anonymous Plaintiff.(mt) (Entered: 06/08/2012)
2012-06-04 2 0 COMPLAINT against Congress, Holder, New York State, Schneiderman, The New York Attorney General, The United States Attorney General. Document filed by Anonymous Plaintiff.(mt) (Entered: 06/08/2012)
2012-06-04 3 0 MOTION TO PROSECUTE CASE ANONYMOUSLY, TO SEAL FILES, AND TO TAKE ANY OTHER SUCH METHODS TO PRESERVE ANONYMITY re: motion to preserve anonymity. Document filed by Anonymous Plaintiff.(mt) (Entered: 06/08/2012)
2012-06-04 4 0 AFFIDAVIT of Anonymous Plaintiff re: 3 MOTION to preserve anonymity. Document filed by Anonymous Plaintiff. (mt) (Entered: 06/08/2012)
2012-06-04 5 0 AFFIRMATION of Anonymous Plaintiff re: 3 MOTION motion to preserve anonymity. Document filed by Anonymous Plaintiff. (mt) (Entered: 06/08/2012)
2012-06-04 6 0 MEMORANDUM OF LAW re: 3 MOTION Motion to preserve anonymity.. Document filed by Anonymous Plaintiff. (mt) (Entered: 06/08/2012)
2012-07-17 7 0 Pro Se Acknowledgment Letter Mailed: Pro Se acknowledgment letter mailed to the plaintiff via USPS to the address noted on the Complaint on 7/17/2012. (msa) (Entered: 07/17/2012)
2012-07-20 8 0 NOTICE OF CASE ASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 07/20/2012)
2012-07-23 10 0 ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without payment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Loretta A. Preska on 7/23/2012) (rjm) (Entered: 07/24/2012)
2012-07-25 11 0 ORDER OF SERVICE: The Court dismisses the Plaintiffs claims against Congress and New York State on immunity grounds. 28 U.S.C. § 1915(e)(2)(B)(ii). The Clerk of Court is directed to issue a Summons as to United States Attorney General Eric Holder and New York State Attorney General Eric Schneiderman. The Plaintiffs application to proceed anonymously is denied. The Plaintiff has thus far revealed his identity on his Affidavit in Support of Motion to Preserve Anonymity. Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185, 189 (2d Cir. 2008) (considering whether plaintiffs identity has been kept confidential in deciding if Plaintiff may proceed anonymously). The Plaintiff is directed to serve the Summons and Complaint on these Defendants within 120 days of the issuance of the Summons. If service has not been made within those 120 days, and the Plaintiff has not requested an extension of time to serve within those 120 days, the Complaint may be dismissed for failure to prosecute pursuant to Rules 4 and 41 of the Federal Rules of Civil Procedure. The Court certifies, pursuant to 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). (Signed by Judge Andrew L. Carter, Jr on 7/25/2012) (ft) (Entered: 07/25/2012)
2012-08-02 12 0 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 Frank Maas. (Signed by Judge Andrew L. Carter, Jr on 8/2/2012) (lmb) (Entered: 08/02/2012)
2012-08-27 13 0 ORDER: The Plaintiff seeks to redact his name, which he submitted on his Affidavit in Support of Motion to Preserve Anonymity. Plaintiff's request is denied. By revealing his own identity, Plaintiff's anonymity is moot and he cannot overcome the important policy of publicness; the people have a right to identify who is using the courts. Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185, 189 (2d Cir. 2008). The Court certifies, pursuant to 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). (Signed by Judge Andrew L. Carter, Jr on 8/24/2012) (ja) (Entered: 08/27/2012)
2012-08-15 16 0 MOTION FOR REDACTION OF APPLICATION MOTIONS. Document filed by Anonymous Plaintiff.(ja) (Entered: 09/10/2012)
2012-09-18 18 0 MOTION TO VACATE CERTIFICATES OF FRIVOLITY ON MOTIONS. Document filed by Anonymous Plaintiff.(rjm) (Entered: 09/26/2012)
2012-11-07 20 0 MOTION for Extension of Time. Document filed by Anonymous Plaintiff.(cd) (Entered: 11/13/2012)
2012-11-14 21 0 ORDER: The plaintiff recently has sent the Court a letter and filed two motions seeking numerous forms of relief. One motion (ECF No. 18) is styled a "Motion to Vacate Certificates of Frivolity on Motions." I assume this is a request to appeal in forma pauperis from Judge Carter's prior orders, (ECF Nos. 11, 13), denying the plaintiff's request for continued anonymity. I assume that Judge Carter will address that motion in due course. The letter and plaintiff's second motion (ECF No. 19) seek several forms of relief as set forth herein. The Pro Se Office is directed to send the plaintiff an amended service package. Additionally, plaintiff's time to effect service is hereby extended to December 21, 2012. Although a copy of this order is being sent to the plaintiff via e-mail as a courtesy, the plaintiff is cautioned that he may not communicate with the Court via e-mail. (See Order). (Signed by Magistrate Judge Frank Maas on 11/14/2012) Copies Sent By Chambers. (ja) (Entered: 11/14/2012)
2012-11-27 22 0 Supplement to Motions. Document filed by Anonymous Plaintiff. (lmb) (Entered: 12/10/2012)
2013-01-07 23 0 NOTICE TO COURT TESTAMENT REGARDING CASE. Document filed by Anonymous Plaintiff. (mro) (Entered: 01/08/2013)
2013-01-11 24 0 NOTICE OF APPEARANCE by Jane R. Goldberg on behalf of Schneiderman, The New York Attorney General (Goldberg, Jane) (Entered: 01/11/2013)
2013-01-15 25 0 AFFIDAVIT OF SERVICE of Declaration of Service of Notice of Appearance served on Jeremiah Curtis-Shanley on 1.11.13. Service was made by Mail. Document filed by Schneiderman, The New York Attorney General. (Goldberg, Jane) (Entered: 01/15/2013)
2013-01-10 26 0 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. The New York Attorney General served on 1/4/2013, answer due 3/5/2013. Service was made by Certified Mail. Document filed by Anonymous Plaintiff. (mro) (Entered: 01/17/2013)
2013-01-18 27 0 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Jane R. Goldberg dated 1/11/2013 re: On behalf of Attorney General Eric T. Schneiderman, I ask that the time to file a pre-motion letter be extended to February 15, 2013. ENDORSEMENT: Approved. (Signed by Magistrate Judge Frank Maas on 1/17/2013) (rjm) (Entered: 01/18/2013)
2013-02-07 28 0 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Jane R. Goldberg dated 2/4/2013 re: I ask that the time to file a pre-motion letter be extended to March 5, 2013, as further specified in this letter. ENDORSEMENT: Approved. (Signed by Magistrate Judge Frank Maas on 2/6/2013). (rjm) (Entered: 02/07/2013)
2013-02-08 29 0 MANDATE of USCA (Certified Copy) USCA Case Number 12-3534. A petition for writ of mandamus was filed on September 06, 2012. The filing fee of $450.00 was due to be paid to the Court by September 06, 2012. The case is deemed in default. IT IS HEREBY ORDERED that the appeal is DISMISSED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/08/2013. (nd) (Entered: 02/08/2013)
2013-02-21 30 0 ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Jane R. Goldberg dated 2/14/2013 re: Request for a premotion conference. ENDORSEMENT: A premotion conference is scheduled for 3/7/13 at 4:15 pm. ( Pre-Motion Conference set for 3/7/2013 at 04:15 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 2/21/2013) (cd) (Entered: 02/21/2013)
2013-02-22 31 0 NOTICE OF APPEARANCE by Elizabeth Tulis on behalf of Holder, The United States Attorney General (Tulis, Elizabeth) (Entered: 02/22/2013)
2013-02-22 32 0 CERTIFICATE OF SERVICE of Notice of Apperance served on Jeremiah Curtis-Shanley and Jane R. Goldberg, Assistant Attorney General on February 22, 2013. Service was made by Mail. Document filed by Holder, The United States Attorney General. (Tulis, Elizabeth) (Entered: 02/22/2013)
2013-02-22 33 0 ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Elizabeth Tulis dated 2/22/2013 re: Request to adjourn the 3/7/2013 premotion conference. ENDORSEMENT: The premotion conference is adjourned to 4/4/2013 at 12:00 pm. ( Pre-Motion Conference reset for 4/4/2013 at 12:00 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 2/22/2013) (cd) (Entered: 02/25/2013)
2013-02-27 34 0 ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Elizabeth Tulis dated 2/22/2013 re: Counsel for defendant requests an adjournment of the pre-motion conference from 3/7/2013 at 4:15 p.m., to 4/4/2013 at 12:00 p.m. ENDORSEMENT: The application is granted. (Pre-Motion Conference set for 4/4/2013 at 12:00 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 2/27/2013) (tro) Modified on 3/1/2013 (tro). (Entered: 02/28/2013)
2013-05-03 35 0 ORDER: Accordingly, plaintiff is hereby ORDERED TO SHOW CAUSE why this action should not be dismissed for failure to prosecute pursuant to Fed. R. Civ. P. 4l(b) and/or the inherent powers of the Court. Such showing should be made by affidavit and memorandum of law filed on or before May 29,2013. Defendants should reply by June 18, 2013.It is ORDERED that plaintiff appear before this Court in Courtroom 1306, 40 Foley Square, New York, NY 10007, on June 28, 2013 at 11:00 to Show Cause why this action should not be dismissed for failure to prosecute. Plaintiff is informed that failure to appear at this conference may result in dismissal of his complaint. Show Cause Hearing set for 6/28/2013 at 11:00 AM before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 5/3/2013) (js) (Entered: 05/03/2013) 2013-05-03 12:37:28 7c065c0d98029497660f6eba7dd6968a992dff61
2013-06-20 36 0 ENDORSED LETTER: addressed to Judge Andrew L. Carter Jr. from Jane R. Goldberg Assistant Attorney General dated 6/14/2013 re: Counsel writes on behalf of all defendants to request that the argument scheduled for June 28, 2013 be cancelled and that, pursuant to the Court's order dated May 3, 2013, this action be dismissed for failure to prosecute. ENDORSEMENT: The application is denied. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 6/20/2013) (js) (Entered: 06/20/2013)
2013-07-03 37 0 ORDER: Plaintiff failed to appear at conferences scheduled for April 4 and May 3, 2013 and the Order to Show Cause before this Court on June 28, 2013. Plaintiff also failed to respond to the Order to Show Cause by May 29, 2013 as the Court ordered on May 3, 2013 Accordingly, Plaintiffs complaint is dismissed for failure to prosecute.The Clerk of Court is directed to close this case and all pending motions. (Signed by Judge Andrew L. Carter, Jr on 7/3/2013) (js) Modified on 7/3/2013 (js). (Entered: 07/03/2013)