Kruglov v. Karlinsey et al

New York Northern District Court
Judge:Glenn T Suddaby
Referred: Christian F Hummel
Case #: 1:22-cv-00072
Nature of Suit440 Civil Rights - Other Civil Rights
Cause28:1331 Federal Question: Bivens Act
Case Filed:Jan 26, 2022
Re-opened:Mar 15, 2022
Terminated:Jul 25, 2022
Last checked: Monday Jul 25, 2022 5:04 AM EDT
Defendant
Alvarez
Defendant
John Doe
Defendant
Hannah
Defendant
Hernandez
Defendant
Karlinsey
Defendant
Wehde
Defendant
John Doe #2
Plaintiff
Dmitry Kruglov
4530 W. Kennedy Blvd.
Tampa, FL 33609


Docket last updated: 04/26/2024 11:59 PM EDT
Thursday, January 26, 2023
16 16 appeal USCA Mandate Thu 01/26 12:25 PM
MANDATE of USCA [Issued on 1/26/2023] as to10 Notice of Appeal filed by Dmitry Kruglov: It is hereby Ordered that the appeal is dismissed effective January 3, 2023 unless by that date appellant either pays the fee in full, moves for in forma pauperis status in district court or, if district court has denied in forma pauperis status, moves this Court for in forma pauperis status. If appellant has filed the motion in district court and the motion is pending, appellant must so advise this Court in writing by the same date. (hmr)
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appeal USCA Case Number Thu 01/26 12:26 PM
USCA Case Number 22-2089 for10 Notice of Appeal filed by Dmitry Kruglov. (hmr)
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Monday, October 24, 2022
15 15 appeal Supplemental Electronic Certification Sent to USCA Mon 10/24 12:27 PM
Supplemental Electronic Certification transmitted to US Court of Appeals re10 Notice of Appeal. [Served plaintiff by regular mail] (sal )
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14 14 order Order on Motion for Leave to Appeal In Forma Pauperis Mon 10/24 12:04 PM
TEXT ORDER denying11 Plaintiff's motion for leave to appeal in forma pauperis on appeal because the Court certifies that the appeal is not taken in good faith. SO ORDERED by U.S. District Judge Glenn T. Suddaby on 10/24/2022. (Served plaintiff by regular mail). (sal)
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Friday, October 21, 2022
appeal USCA Case Number Fri 10/21 9:24 AM
USCA Case Number 22-2089 for10 Notice of Appeal filed by Dmitry Kruglov. (hmr)
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Thursday, October 20, 2022
13 13 appeal USCA Order Fri 10/21 9:21 AM
NOTICE of USCA RE: PENDING MOTION TO PROCEED IN FORMA PAUPERIS as to10 Notice of Appeal filed by Dmitry Kruglov: An appeal in the above-referenced case has been docketed in the Court of Appeals. According to the district court docket sheet or other available information, appellant has moved for leave to proceed in forma pauperis in district court on 09/21/2022 and that motion is pending. The appeal may not move forward until the motion is determined. Please direct the motion to the appropriate judge for determination. Upon the grant or denial of the motion, please enter the order and transmit it to the Court of Appeals. (hmr)
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Thursday, September 22, 2022
12 12 appeal Electronic Notice and Certification to USCA of Appeal Thu 09/22 3:53 PM
ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re10 Notice of Appeal. [A copy was mailed to Dmitry Kruglov via regular mail on 9/22/2022.] (hmr)
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Wednesday, September 21, 2022
11 11 motion Appeal In Forma Pauperis Thu 09/22 11:47 AM
MOTION for Leave to Appeal in forma pauperis filed by Dmitry Kruglov. (hmr)
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10 10 appeal Notice of Appeal Thu 09/22 11:46 AM
NOTICE OF APPEAL as to6 Order Transferring Case by Dmitry Kruglov. [A filed stamped copy of this document was mailed to pro se plaintiff via regular mail on 9/22/2022,] (hmr)
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Wednesday, September 07, 2022
9 9 order Order on Motion for Reconsideration Wed 09/07 8:44 AM
TEXT ORDER RE8 MOTION for Reconsideration of6 Order Transferring Case: Plaintiffs case was transferred to the District of Arizona on July 25, 2022. See Dkt. No. 6; Dkt. Entries dated 7/25/22, 7/26/22. The District of Arizona acknowledged receipt of plaintiffs case on August 1, 2022. Dkt. No. 7. As this Court no longer has jurisdiction over plaintiffs case, it cannot address plaintiffs motion for reconsideration. Dkt. No. 8. Plaintiff is advised that if he wishes to have a Court review the question of venue, he must present that issue to the District of Arizona. Plaintiff is further advised that any future filings related to this case must be filed before the District of Arizona. SO ORDERED. Authorized by Magistrate Judge Christian F. Hummel on 9/7/2022. (Copy served via regular mail on 9/7/2022)(tab)
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Friday, September 02, 2022
8 8 motion Reconsideration Fri 09/02 4:12 PM
MOTION for Reconsideration, or in the Alternative, a Notice of Appeal re6 Order Transferring Case filed by Dmitry Kruglov. (hmr)
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Monday, August 01, 2022
7 7 notice Notice - Other Tue 08/02 12:11 PM
NOTICE of Acknowledgment of the Transfer from the District of Arizona - Their Case Number is 4:22-CV-325 (TUC/EJM). (hmr)
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Tuesday, July 26, 2022
misc Docket Annotation Tue 07/26 6:15 PM
Case transferred from New York Northern has been opened in DISTRICT OF ARIZONA as case 4:22-cv-00325, filed 07/26/2022. (nas, )
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Monday, July 25, 2022
6 6 6 pgs order Order Transferring Case Mon 07/25 11:43 AM
ORDER TRANSFERRING CASE to District of Arizona: that pursuant to 28 U.S.C. § 1404(a), the Clerk of this Court shall transfer this action to the United States District Court, District of Arizona and close the file. The Court hereby waives the fourteen (14) day waiting period provided for in Local Rule 3.7; and that the Clerk of the Court serve a copy of this Order on plaintiff in accordance with Local Rules.Signed by Magistrate Judge Christian F. Hummel on 07/25/2022.(Copy of this Order, along with the cases were served upon pro se plaintiff via regular mail on 7/25/2022.)(hmr)
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Att: 1 Cases
misc Docket Annotation Mon 07/25 11:55 AM
Case transferred electronically to District of Arizona pursuant to Dkt. No.6 Order of Transfer dated 7/25/2022. (hmr)
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Wednesday, March 16, 2022
order Order Reopening Case (Text-Only) Wed 03/16 8:42 AM
TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with Fed. R. Civ. P. 11(a) -(the pleading must state the signer's address), and plaintiff was directed to respond to the Order if s/he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. So Ordered by Chief Judge Glenn T. Suddaby on 03/16/2022. (Copy served upon Dmitry Kruglov at c/o Icustom, 4530 W. Kennedy Blvd., Tampa, FL 33609 via regular mail on 3/16/2022.)(hmr)
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Tuesday, March 15, 2022
4 4 notice Notice - Other Wed 03/16 8:28 AM
LETTER providing an address of c/o Icustom, 4530 W. Kennedy Blvd., Tampa, FL 33609 filed by Dmitry Kruglov. (hmr)
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Tuesday, February 22, 2022
order Order Dismissing Case Tue 02/22 11:04 AM
TEXT ORDER administratively closing this action, due to Plaintiff's failure to comply with Fed. R. Civ. P. 11(a) ("The [pleading] must state the signer's address....") and Local Rule of Practice 10.1(c) ("Each [pleading] must identify... the address of a pro se litigant, including zip code...."). Cf. Fed. R. Civ. P. 41(b) (permitting dismissals based on failure to comply with the Federal Rules of Civil Procedure and/or Local Rules of Practice for the Court). After carefully considering the matter, the Court finds that the five factors to be considered when contemplating such an Order weigh decidedly in favor of the Order. Cf. Hevner v. Village East Towers, Inc. , No. 07-5608 2008 WL 4280070, at *1-2 (2d Cir. Sept. 18, 2008) (applying Fed. R. Civ. P. 41[b]). With regard to the first factor, the duration of Plaintiff's failure is more than three weeks. With regard to the second factor, Plaintiff has received adequate notice that the failure in question would lead to the result in question. Kruglov v. Copart of Conn., Inc. , 17-CV-1306 Acknowledgment of Receipt of Local Rules of Practice and Pro Se Handbook (N.D.N.Y. filed 11/30/2017). With regard to the third factor, Defendants are likely to be prejudiced by a further delay by Plaintiff. See Geordiadis v. First Boston Corp. , 167 F.R.D. 24, 25 (S.D.N.Y. 1996) ("The passage of time always threatens difficulty as memories fade. Given the age of this case, that problem is likely severe already. The additional delay that plaintiff has caused here can only make matters worse."). Moreover, Plaintiff's delay is unreasonable. See Lyell Theatre Corp. v. Loews Corp. , 682 F.2d 37, 43 (2d Cir. 1982) ("Prejudice to defendants resulting from unreasonable delay may be presumed...."). With regard to the fourth factor, the need to alleviate congestion on the Court's docket outweighs Plaintiff's right to receive a further chance to be heard in this case. Finally, given the fact that any admonishment would not reach Plaintiff (due to his failure to provide his address), the Court finds that less drastic sanctions would be inadequate under the circumstances. The Court notes that this action may be reopened upon Plaintiff's appearance and provision of his address. SO ORDERED by Chief Judge Glenn T. Suddaby on 2/22/2022. (sal )
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Thursday, January 27, 2022
notice Text Notice Regarding John Doe Defendant (Text-Only) Thu 01/27 11:34 AM
TEXT NOTICE: Although the plaintiff herein has named John Doe defendant(s) in the Complaint, the Clerk's Office will not issue summons(es) for service of process on a John Doe defendant(s) at this time. In the event plaintiff wishes to pursue the claims against this defendant, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the John Doe defendant(s), plaintiff may seek to amend the pleading to add the properly named defendant(s) pursuant to FED. R. CIV. P. 15 and summons(es) will be issued at that time. (khr)
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Wednesday, January 26, 2022
2 2 motion Proceed In Forma Pauperis Thu 01/27 11:28 AM
MOTION for Leave to Proceed in forma pauperis filed by Dmitry Kruglov Motions referred to Christian F. Hummel. (khr)
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1 1 cmp Complaint Thu 01/27 11:27 AM
COMPLAINT WITH JURY DEMAND against Alvarez, John Doe, John #2 Doe, Hannah, Hernandez, Karlinsey, Wehde filed by Dmitry Kruglov.(khr)
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Att: 1 Civil Cover Sheet,
Att: 2 Envelope