Razzoli v. Richmond University Medical Center et al

New York Eastern District Court
Judge:Ann M Donnelly
Referred: Lois Bloom
Case #: 1:23-cv-06697
Nature of Suit440 Civil Rights - Other Civil Rights
Cause42:1983 Civil Rights Act
Case Filed:Sep 12, 2023
Terminated:Feb 29, 2024
Last checked: Sunday Mar 10, 2024 7:13 AM EDT
Defendant
Dr. Douglas Cohen
Defendant
Dr. Ami Raval
Defendant
Med Tronics Devices
350 Bard Ave
Staten Island, NY 10302
Defendant
Richmond University Medical Center
Defendant
Unknown Bop Staff
320 First Street, NW
Washington, DC 20534
Defendant
Unknown Medical Staff Bop
320 First Street,NW
Washington, DC 20534
Defendant
Muncey Regional Medical Center
Defendant
Unknown BOP US DOJ Contractors
Defendant
Unkonwn BOP Physicians Physician Asst.(s)
Plaintiff
Kevin Razzoli
114 Belmont Place
Staten Island, NY 10301

GPO Oct 25 2023
ORDER: The plaintiff's RICO claims are dismissed without prejudice. The plaintiff's remaining claims are dismissed with prejudice to filing in federal court; however, any potential state law claims are dismissed without prejudice to filing in state court. In the amended complaint, the plaintiff must provide the date, location and a short, plain statement of the relevant facts supporting the claim against each defendant. If the plaintiff decides to file an amended complaint, it must be captioned "Amended Complaint" and bear the same docket number as this order: 23-CV-6697 (AMD) (LB). The plaintiff is advised that the amended complaint completely replaces the original complaint. The is, the amended complaint must stand on its own without reference to the original complaint. All further proceedings shall be stayed for 30 days. If the plaintiff fails to file an amended complaint within the time allowed or fails to show good cause for an extension to file the amended complaint, the Clerk of Court shall be directed to enter judgment and close this case. 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. Therefore, in forma pauperis status is denied for purpose of an appeal. The Clerk of Court is respectfully directed to mail a copy of this Memorandum and Order to the plaintiff along with a general complaint form and to note the mailing on the docket. Ordered by Judge Ann M. Donnelly on 10/25/2023. (DG)
GPO Feb 28 2024
ORDER. The amended complaint is dismissed with prejudice. 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. Therefore, in forma pauperis status is denied for purpose of an appeal. The Clerk of Court is respectfully directed to mail a copy of this Order to the plaintiff and to close the case.Ordered by Judge Ann M. Donnelly on 2/28/2024. (DG)
GPO Apr 03 2024
ORDER. The plaintiff's motions for reconsideration and to amend the complaintare denied. 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. Therefore, in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk of Court is respectfully directed to mail a copy of this Order to the plaintiff and to close the case. Ordered by Judge Ann M. Donnelly on 4/3/2024. (DG)

Docket last updated: 4 hours ago
Monday, November 25, 2024
23 23 appeal USCA Mandate Mon 11/25 1:37 PM
MANDATE of USCA as to21 Notice of Appeal filed by Kevin Razzoli. It is hereby ORDERED that the motion is DENIED and the appeal is DISMISSED because it lacks an arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989); see 28 U.S.C. § 1915(e). Issued as Mandate: 11/25/2024. USCA# 24-544. (VJ)
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Wednesday, April 03, 2024
22 22 5 pgs order Order on Motion for Reconsideration Wed 04/03 3:17 PM
ORDER. The plaintiff's motions for reconsideration and to amend the complaintare denied. 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. Therefore, in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk of Court is respectfully directed to mail a copy of this Order to the plaintiff and to close the case. Ordered by Judge Ann M. Donnelly on 4/3/2024. (DG)
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Thursday, March 07, 2024
21 21 appeal Notice of Appeal Thu 03/07 4:04 PM
NOTICE OF APPEAL as to18 Clerk's Judgment, by Kevin Razzoli. (VJ)
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appeal Appeal Filing Fee Due Thu 03/07 4:05 PM
APPEAL FILING FEE DUE re21 Notice of Appeal Payment in the amount of $605.00, can be made in person to the clerks office, or mailed in or paid online with the event Civil Case Appeal Filing Fee . (VJ)
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appeal Electronic Index to Record on Appeal Thu 03/07 4:06 PM
Electronic Index to Record on Appeal sent to US Court of Appeals.21 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. (VJ)
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Friday, March 01, 2024
20 20 motion Reconsideration Fri 03/01 1:57 PM
MOTION for Reconsideration filed by Kevin Razzoli. (JVC)
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Thursday, February 29, 2024
18 18 order Judgment - Clerk Thu 02/29 12:02 PM
CLERK'S JUDGMENT: that the amended complaint is dismissed with prejudice; that pursuant to 28 U.S.C. § 1915(a)(3), any appeal from this Order would not be taken in good faith; and that in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). Signed by Deputy Clerk, Jalitza Poveda, on behalf of Clerk of Court, Brenna B. Mahoney, on 2/29/2024. (copy of appeals packet and judgment mailed to pro se). (JP)
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Wednesday, February 28, 2024
19 19 motion Reconsideration Thu 02/29 2:58 PM
MOTION for Reconsideration filed by Kevin Razzoli. (ENE)
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17 17 order Order(Other) Wed 02/28 3:11 PM
ORDER. The amended complaint is dismissed with prejudice. 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. Therefore, in forma pauperis status is denied for purpose of an appeal. The Clerk of Court is respectfully directed to mail a copy of this Order to the plaintiff and to close the case.Ordered by Judge Ann M. Donnelly on 2/28/2024. (DG)
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Tuesday, February 27, 2024
16 16 misc Affidavit/Affirmation Tue 02/27 10:06 AM
First Sworn Affidavit by Kevin Razzoli, plaintiff pro se. (RG)
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Wednesday, February 14, 2024
15 15 cmp Amended Complaint Fri 02/16 2:34 PM
AMENDED COMPLAINT against Dr. Ami Raval, Dr. Douglas Cohen, Med Tronics Devices, Richmond University Medical Center, Unknown BOP US DOJ Contractors, Unknown Medical Staff Bop, Unkonwn BOP Physicians Physician Asst.(s), filed by Kevin Razzoli. (RG)
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14 14 cmp Amended Complaint Wed 02/14 4:37 PM
AMENDED COMPLAINT /Civil Suit against Dr. Ami Raval, Dr. Douglas Cohen, Med Tronics Devices, Richmond University Medical Center, Unknown Bop Staff, Unknown Medical Staff Bop, filed by Kevin Razzoli. (JP)
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Monday, February 12, 2024
order Scheduling Order Mon 02/12 11:06 AM
SCHEDULING ORDER: Given the plaintiff's pro se status, the Court sua sponte extends the plaintiff's deadline to file an amended complaint to February 26, 2024. As the Court explained in its October 25 and December 4, 2023 orders, only the plaintiff's RICO claims were dismissed without prejudice; all of the plaintiff's other claims were dismissed with prejudice, which means that the plaintiff may not replead them in his amended complaint. In the amended complaint, the plaintiff must provide the date, location and a short, plain statement of the relevant facts supporting the claim against each defendant. If the plaintiff decides to file an amended complaint, it must be captioned "Amended Complaint" and bear the same docket number as this order: 23-CV-6697 (AMD) (LB). The plaintiff is advised that the amended complaint completely replaces the original complaint. That is, the amended complaint must stand on its own without reference to the original complaint. This is the plaintiff's second extension. If the plaintiff does not file an amended complaint within the time allowed or show good cause for an extension to file the amended complaint, the Clerk of Court will be directed to enter judgment and close this case. Ordered by Judge Ann M. Donnelly on 2/12/2024. (CM)
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Wednesday, December 06, 2023
13 13 motion Extension of Time to File Document Wed 12/06 2:50 PM
MOTION for Extension of Time to File /MOTION FOR 60 Day Extension of Time & Request For Judicial Invesigation by Kevin Razzoli. (TLH)
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order Order on Motion for Extension of Time to File Wed 12/06 6:11 PM
ORDER denying13 Motion for Extension of Time to File. The Court denies13 the plaintiff's motion for a 60-day extension of time to file his amended complaint, as the Court already granted12 the plaintiff's previous request. The Court also denies the plaintiff's request for a "judicial investigation." The plaintiff has not provided specific facts or law demonstrating his entitlement to such relief in this action. Ordered by Judge Ann M. Donnelly on 12/6/2023. (CM)
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Monday, December 04, 2023
order Order on Motion for Extension of Time to Amend Mon 12/04 4:57 PM
ORDER granting12 Motion for Extension of Time to Amend Complaint. The plaintiff's deadline to file an amended complaint is now February 2, 2024. As the Court explained in its October 25, 2023 order, only the plaintiff's RICO claims were dismissed without prejudice; all of the plaintiff's other claims were dismissed with prejudice, which means that the plaintiff may not replead them in his amended complaint. In the amended complaint, the plaintiff must provide the date, location and a short, plain statement of the relevant facts supporting the claim against each defendant. If the plaintiff decides to file an amended complaint, it must be captioned "Amended Complaint" and bear the same docket number as this order: 23-CV-6697 (AMD) (LB). The plaintiff is advised that the amended complaint completely replaces the original complaint. That is, the amended complaint must stand on its own without reference to the original complaint. If the plaintiff does not file an amended complaint within the time allowed or show good cause for an extension to file the amended complaint, the Clerk of Court shall be directed to enter judgment and close this case. Ordered by Judge Ann M. Donnelly on 12/4/2023. (CM)
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Friday, December 01, 2023
12 12 motion Extension of Time to Amend Fri 12/01 3:05 PM
MOTION for Extension of Time to Amend Complaint requesting 60 day extension of time by Kevin Razzoli. (RG)
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Monday, October 30, 2023
10 10 trial Exhibit Thu 11/02 2:37 PM
EXHIBITS by Kevin Razzoli, plaintiff pro se re: surgical reports. (RG)
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Wednesday, October 25, 2023
9 9 11 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Wed 10/25 5:13 PM
ORDER: The plaintiff's RICO claims are dismissed without prejudice. The plaintiff's remaining claims are dismissed with prejudice to filing in federal court; however, any potential state law claims are dismissed without prejudice to filing in state court. In the amended complaint, the plaintiff must provide the date, location and a short, plain statement of the relevant facts supporting the claim against each defendant. If the plaintiff decides to file an amended complaint, it must be captioned "Amended Complaint" and bear the same docket number as this order: 23-CV-6697 (AMD) (LB). The plaintiff is advised that the amended complaint completely replaces the original complaint. The is, the amended complaint must stand on its own without reference to the original complaint. All further proceedings shall be stayed for 30 days. If the plaintiff fails to file an amended complaint within the time allowed or fails to show good cause for an extension to file the amended complaint, the Clerk of Court shall be directed to enter judgment and close this case. 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. Therefore, in forma pauperis status is denied for purpose of an appeal. The Clerk of Court is respectfully directed to mail a copy of this Memorandum and Order to the plaintiff along with a general complaint form and to note the mailing on the docket. Ordered by Judge Ann M. Donnelly on 10/25/2023. (DG)
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Monday, October 16, 2023
8 8 motion Proceed In Forma Pauperis Thu 10/19 2:49 PM
MOTION for Leave to Proceed in forma pauperis by Kevin Razzoli. (RG)
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Thursday, October 05, 2023
7 7 order Order(Other) Thu 10/05 6:02 AM
ORDER: The plaintiff's September 22, 2023 letter provides some information about his public benefits, but he does not provide any information about other income and assets or his living expenses. If the plaintiff wishes to proceed with this action, he must either file an IFP application that provides this information1 or pay the $402 filing fee to the Clerk of Court of the Eastern District of New York within 14 days from the date of this Order. If the plaintiff does notdo so, the Court will dismiss the action without prejudice. Before the plaintiff invests additional time and money in this litigation, he may wish toconsider whether he has met the jurisdictional requirements for bringing a civil action in federal court. Federal subject-matter jurisdiction is available only when a federal question is presented, 28 U.S.C. § 1331, or when the plaintiff and the defendants have complete diversity of citizenship and the amount in controversy exceeds $75,000, id. § 1332. The plaintiff captions his complaint as a "Federal Malpractice Suit" and cites provisions of the United States Code related to civil rights violations by state actors; criminal provisions related to racketeering activities; and the Freedom of Information Act, 5 U.S.C. § 552, et seq., which provides access to some information collected by federal agencies, but does not apply to state actors or private hospitals. It is not clear how any of these provisions would apply to the plaintiff's claims, which appear to involve a 2020 medical procedure at Richmond University Medical Center. Even if the plaintiff pays the filing fee or submits a valid application to proceed IFP, the Court will dismiss this action if it finds that it does not have jurisdiction over the case. See Fed. R. Civ. P. 12(h)(3). The Clerk of Court is requested to send a copy of this order to the plaintiff, along with acopy of the IFP application form. The Clerk is also directed to amend the caption of the complaint to include the defendants named on the second page of the complaint. The plaintiff may contact the City Bar Justice Center's Federal Pro Se Legal Assistance Project at (212) 382-4729 for free, limited-scope legal assistance. Ordered by Judge Ann M. Donnelly on 10/4/2023. (DG)
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Tuesday, October 03, 2023
6 6 misc Consent to Jurisdiction by US Magistrate Judge Tue 10/03 9:39 AM
CONSENT to Jurisdiction by US Magistrate Judge signed by Plaintiff Pro se ONLY. (RG)
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5 5 misc Pro Se Consent to Electronic Notification Tue 10/03 9:36 AM
Pro Se Consent to Electronic Notification by Kevin Razzoli. **Please Note plaintiff did not indicate an email address (RG)
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Friday, September 22, 2023
4 4 misc Letter Mon 09/25 4:29 PM
Letter as a Notice to the Court regarding defective docketing re: Jury demand and lead defendant submitted by Kevin Razzoli, plaintiff pro se. (RG) (RG)
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Att: 1 (9/25/2023) ATTACH
Thursday, September 14, 2023
3 3 misc Clerks Notice of Rule 73 Thu 09/14 12:31 PM
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. (AF)
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2 2 notice Notice of Deficient Filing Thu 09/14 12:26 PM
NOTICE OF DEFICIENT FILING , litigant notified of deficiency(s) that must be corrected within fourteen (14) days (c/m-9/12/2023) . (AF)
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Tuesday, September 12, 2023
1 1 cmp Complaint Thu 09/14 12:17 PM
COMPLAINT against All Defendants, filed by Kevin Razzoli. (AF)
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Att: 1 Civil Cover Sheet