Best v. Brown et al

New York Eastern District Court
Judge:William F Kuntz, II
Referred: Lois Bloom
Case #: 1:19-cv-03724
Nature of Suit440 Civil Rights - Other Civil Rights
Cause42:1983 Civil Rights Act
Case Filed:Jun 26, 2019
Re-opened:Aug 26, 2019
Terminated:Sep 02, 2020
Last checked: Monday Dec 23, 2019 4:28 AM EST
Defendant
Richard A. Brown
Represented By
James Jimenez
New York City Law Department
contact info
Defendant
The Queens County District Attorneys Office
Represented By
James Jimenez
New York City Law Department
contact info
Plaintiff
Hilary A. Best
P.O. Box 751072
Forest Hills, NY 11375

GPO Jul 12 2019
MEMORANDUM & ORDER, Accordingly, the complaint is dismissed as frivolous because the defendants are absolutely immune from suit. Fitzgerald v. First East Seventh Street Tenants Corp., 221 F.3d at 363-64; Montero v. Travis, 171 F.3d at 760.In light of plaintiff's pro se status, however, plaintiff is granted thirty days to amend his complaint...Further, if plaintiff fails to comply with this Order within the time allowed, the action shall be dismissed, and judgment shall enter. Although plaintiff paid the filing fee to commence this action, if plaintiff requests in forma pauperis status for any appeal of this order, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. Coppedge v. United States, 369 U.S. 438,444-45 (1962). So Ordered by Judge William F. Kuntz, II on 7/11/2019. (c/m to pro se at address of record) (Lee, Tiffeny)

Docket last updated: 05/02/2024 11:59 PM EDT
Wednesday, September 02, 2020
20 20 order Judgment - Clerk Wed 09/02 11:44 AM
CLERK'S JUDGMENT: ORDERED AND ADJUDGED, that judgment is hereby entered in favor of Defendants JOHN DOE, Clerk Queens County Civil Supreme Court, State of New York; JANE DOE, Clerk Queens County Civil Supreme Court, State of New York., and against Plaintiff HILARY BEST. If Plaintiff requests in forma pauperis status for any appeal of this order, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. Coppedge v.UnitedStates, 369 U.S. 438, 44445 (1962). Ordered by August Marziliano, Operations Manager on behalf of Douglas C. Palmer, Clerk of Court on 9/2/2020. (Tavarez, Jennifer)
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Tuesday, September 01, 2020
19 19 2 pgs order Order Dismissing Case as Frivolous Tue 09/01 11:26 AM
ORDER: Accordingly, for the reasons set forth in the Court's July 12, 2019 Order, the action is dismissed as frivolous because the defendants are absolutely immune from suit. Fitzgerald v. First E. Seventh St. Tenants Corp ., 221 F.3d 362, 363-64 (2d Cir. 2000); Montero v. Travis , 171 F.3d 757, 760 (2d Cir. 1999). Although Plaintiff paid the filing fee to commence this action, if Plaintiff requests in forma pauperis status for any appeal of this order, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. Coppedge v. United States , 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to enter judgment and close this case. So Ordered by Judge William F. Kuntz, II on 9/1/2020. (Love, Alexis)
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Wednesday, July 08, 2020
18 18 notice Notice of Appearance Wed 07/08 2:19 PM
NOTICE of Appearance by Erin T. Ryan on behalf of Office of the Corporation Counsel of the City of New York (aty to be noticed) (Ryan, Erin)
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Thursday, June 25, 2020
17 17 cmp Amended Complaint Fri 06/26 3:15 PM
AMENDED COMPLAINT against John Doe, Jane Doe, filed by Hilary A. Best. (Guzzi, Roseann)
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Thursday, April 30, 2020
16 16 order Scheduling Order Thu 04/30 6:06 PM
ORDER: By Order dated July 12, 2019, the Court dismissed the complaint as frivolous because the Defendants are absolutely immune from suit, but granted Plaintiff leave to file an amended complaint. ECF No.5 . Instead of an amended complaint, Plaintiff filed a notice of appeal. By mandate issued December 5, 2019, the appeal was dismissed by the United States Court of Appeals for the Second Circuit. ECF No.15 . Plaintiff is granted until June 26, 2020 to file an amended complaint. If Plaintiff choses to file an amended complaint, Plaintiff should refer to the Court's July 12, 2019 Order, ECF No. 5 . To aid Plaintiff with amending the complaint, the Clerk of Court is respectfully requested to provide a "Complaint for Violation of Civil Rights (Non-Prisoner Complaint)" form to Plaintiff. No further extensions will be granted without good cause. Further, if Plaintiff fails to comply with this Order within the time allowed, judgment dismissing this action will enter. Although Plaintiff paid the filing fee to commence this action, if Plaintiff requests in forma pauperis status for any appeal of this order, the Court certifies pursuant to 28 U.S.C.§ 1915(a)(3) that any appeal would not be taken in good faith. Coppedge v. United States , 369 U.S. 438, 444-45 (1962). So Ordered by Judge William F. Kuntz, II on 4/30/2020. (Love, Alexis)
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Thursday, December 05, 2019
15 15 appeal USCA Mandate Thu 12/05 3:05 PM
MANDATE of USCA as to12 Notice of Appeal, filed by Hilary A. Best. It is Ordered that the appeal is dismissed effective November 12, 2019 for failure of Appellant to either pay the filing fee in full or move for IFP by that date. Issued as Mandate: 12/5/19. USCA 19-3157 (McGee, Mary Ann)
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Tuesday, October 01, 2019
13 13 motion Extension of Time to File Document Tue 10/01 4:46 PM
MOTION for Extension of Time to File a Notice of Appeal by Hilary A. Best. (McGee, Mary Ann)
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appeal Electronic Index to Record on Appeal Tue 10/01 4:47 PM
Electronic Index to Record on Appeal sent to US Court of Appeals.12 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann)
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order Order on Motion for Extension of Time to File Tue 10/01 5:07 PM
ORDER denying13 Motion for Extension of Time to File. So Ordered by Judge William F. Kuntz, II on 10/1/2019. (Kuntz, William)
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Friday, September 27, 2019
12 12 appeal Notice of Appeal Tue 10/01 4:45 PM
NOTICE OF APPEAL as to10 Clerk's Judgment,8 Order Dismissing Case, by Hilary A. Best. No fee paid. IFP is denied for purposes of appeal. Service done electronically. A request for an extension of time to file appeal pending. (McGee, Mary Ann)
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Monday, August 26, 2019
11 11 order Order(Other) ~Util - Case Reopened Mon 08/26 2:57 PM
ORDER: It is hereby ORDERED that Plaintiff's request9 is hereby GRANTED. The Clerk of Court is directed to reopen the case so that Plaintiff may file an amended complaint. Plaintiff must file any amended complaint by Friday,September 27, 2019 or the action shall be dismissed and judgment shall enter. Case reopened. SO Ordered by Judge William F. Kuntz, II on 8/26/2019. (Tavarez, Jennifer)
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Friday, August 23, 2019
10 10 order Judgment - Clerk Fri 08/23 11:37 AM
CLERK'S JUDGMENT: ORDERED and ADJUDGED that the complaint is dismissed; and that pursuant to 28 U.S.C. § 1915(a)(3), any appeal would not be taken in good faith, Coppedge v. United States , 369 U.S. 438, 444-45 (1962).Ordered by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on 8/22/2019. (Tavarez, Jennifer)
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Wednesday, August 21, 2019
8 8 2 pgs order Order Dismissing Case Wed 08/21 2:07 PM
ORDER: By Order dated July 12, 2019, the Court dismissed the complaint as frivolous because the defendants are absolutely immune from suit, but granted Plaintiff leave to amend within thirty days of the date of the Order. Plaintiff has not filed an amended complaint, and the time for doing so has passed. Accordingly, the Complaint is hereby dismissed. Although Plaintiff paid the filing fee to commence this action, if Plaintiff requests in forma pauperis status for any appeal of this order, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. Coppedge v. United States , 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to enter judgment and close this case. SO Ordered by Judge William F. Kuntz, II on 8/20/2019. (Tavarez, Jennifer)
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Friday, July 19, 2019
7 7 1 pgs order Order on Motion for Pre Motion Conference Fri 07/19 4:43 PM
ORDER: The Court previously dismissed the complaint as frivolous in its July 12, 2019 Order. Accordingly, the Court hereby finds Defendants' request for a pre-motion conference as MOOT. SO Ordered by Judge William F. Kuntz, II on 7/18/2019. (Tavarez, Jennifer)
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Thursday, July 18, 2019
6 6 motion Pre Motion Conference Thu 07/18 2:29 PM
First MOTION for pre motion conference by Richard A. Brown, The Queens County District Attorneys Office. (Jimenez, James)
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Att: 1 Declaration Declaration of Service upon Plaintiff pro se
Friday, July 12, 2019
5 5 7 pgs order Memorandum & Opinion Fri 07/12 4:21 PM
MEMORANDUM & ORDER, Accordingly, the complaint is dismissed as frivolous because the defendants are absolutely immune from suit. Fitzgerald v. First East Seventh Street Tenants Corp., 221 F.3d at 363-64; Montero v. Travis, 171 F.3d at 760.In light of plaintiff's pro se status, however, plaintiff is granted thirty days to amend his complaint...Further, if plaintiff fails to comply with this Order within the time allowed, the action shall be dismissed, and judgment shall enter. Although plaintiff paid the filing fee to commence this action, if plaintiff requests in forma pauperis status for any appeal of this order, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. Coppedge v. United States, 369 U.S. 438,444-45 (1962). So Ordered by Judge William F. Kuntz, II on 7/11/2019. (c/m to pro se at address of record) (Lee, Tiffeny)
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Wednesday, July 03, 2019
4 4 service Summons Returned Executed Wed 07/03 3:32 PM
SUMMONS Returned Executed by Hilary A. Best. Richard A. Brown served on 6/27/2019, answer due 7/18/2019; The Queens County District Attorneys Office served on 6/27/2019, answer due 7/18/2019. (Tavarez, Jennifer)
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Friday, June 28, 2019
3 3 misc Clerks Notice of Rule 73 Fri 06/28 9:31 AM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Williams, Erica)
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Wednesday, June 26, 2019
2 2 service Summons Issued Fri 06/28 9:30 AM
Summons Issued as to Richard A. Brown, The Queens County District Attorneys Office. (Williams, Erica)
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1 1 cmp Complaint Fri 06/28 9:29 AM
COMPLAINT against Richard A. Brown, The Queens County District Attorneys Office, filed by Hilary A. Best. (Williams, Erica)
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Att: 1 Civil Cover Sheet
misc Filing Fee Received Fri 06/28 9:31 AM
FILING FEE: $ 400.00, receipt number 4653141185 (Williams, Erica)
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