Needleman v. McFadden et al
| New York Southern District Court | |
| Judge: | Laura Taylor Swain |
| Case #: | 1:23-cv-09699 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1331fr Fed. Question: Fraud |
| Case Filed: | Nov 01, 2023 |
| Terminated: | Jan 08, 2024 |
| Last checked: Monday Apr 29, 2024 4:34 AM EDT |
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Defendant
Sylvia Anderson
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Defendant
Joe Carsio
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Defendant
Michael McFadden
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Plaintiff
Jerry S. Needleman
210 East 68th Street
New York, NY 10065 |
| Docket last updated: 4 hours ago |
| Monday, August 19, 2024 | ||
| 32 | 32
appeal
USCA Mandate
Tue 08/20 9:34 AM
MANDATE of USCA (Certified Copy) as to28 Notice of Appeal filed by Jerry S. Needleman. USCA Case Number 24-0266 Appellant, pro se, moves for appointment of counsel, for "summary judgment & dismissal," and for "default judgment." Upon due consideration, it is hereby ORDERED that the motions are DENIED and the appeal is DISMISSED because it lacks an arguable basis in law or in fact. See Pillay v. INS, 45 F.3d 14, 17 (2d Cir. 1995) (per curiam) ; Neitzke v. Williams, 490 U.S. 319, 325 (1989) (defining when an action lacks an arguable basis in law or fact).. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 8/19/2024..(nd) |
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| Tuesday, February 20, 2024 | ||
| 31 | 31
service
Summons Returned Unexecuted
Thu 03/14 9:01 AM
SUMMONS RETURNED UNEXECUTED as to Michael McFadden. Attempted Service of Summons and Complaint. Service was attempted on 2/20/24. Document filed by Jerry S. Needleman. (sc) |
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| Friday, January 26, 2024 | ||
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misc
Letter
Mon 01/29 10:36 AM
LETTER from J. Needleman, dated 1/23/24 re: Judge Swain starts her dismissal with "Defendants.seeking relief from judgment issued in an action before the Supreme Court, New York Court." The first sentence in my Complaint that she dismissed is "This Federal law suit is for damages of $1,784,000 resulting from violation of federal statutes of fraud and corruption." Document filed by Jerry S. Needleman.(sc) |
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| 29 | 29
misc
Letter
Mon 01/29 10:27 AM
LETTER from J. Needleman, dated 1/22/24 re: Judge Swain's dismissal of my Complaint not only has no basis in law,but it also is malicious discrimination etc. I am not seeking relief from a New York judgment. My U.S. District Court complaint is not frivolous, and Judge Swain not understanding my Federal lawsuit does not make it frivolous. Document filed by Jerry S. Needleman.(sc) |
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| 28 | 28
appeal
Notice of Appeal
Fri 01/26 2:47 PM
NOTICE OF APPEAL from22 Order of Dismissal,23 Judgment. Document filed by Jerry S. Needleman. Filing fee $ 605.00, receipt number 25748. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
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appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Fri 01/26 2:47 PM
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:28 Notice of Appeal. (tp) |
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appeal
Appeal Record Sent to USCA - Electronic File
Fri 01/26 2:48 PM
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for28 Notice of Appeal filed by Jerry S. Needleman were transmitted to the U.S. Court of Appeals. (tp) |
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| Thursday, January 25, 2024 | ||
| 27 | 27
misc
Letter
Fri 01/26 12:51 PM
LETTER from J. Needleman, dated 1/22/24 re: Yesterday I mailed to you a bank check(9701823819) of $605.00 for Appeal fee. Enclosed is a copy that I sent to Ruby J. Krajic which explains my Federal law suit etc. Document filed by Jerry S. Needleman.(sc) |
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| Tuesday, January 23, 2024 | ||
| 26 | 26
misc
Letter
Wed 01/24 3:21 PM
LETTER from J. Needleman, dated 1/18/24 re: Judge Swain's dismissal order was not only 100% wrong in labeling my suit against McFadden as an appeal of the New York Court of Appeals decision, as my suit against McFadden was a suit of violations of Federal laws and regulations. Document filed by Jerry S. Needleman.(sc) |
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| 25 | 25
misc
Letter
Wed 01/24 3:12 PM
LETTER from J. Needleman, dated 1/2/24 re: It appears that I made a mistake of sending a bank check of $405.00 when $402.00 was required. Can you arrange for the extra $3.00 be contributed to a worthy charity, and notify them that I corrected the overpayment. Document filed by Jerry S. Needleman.(sc) |
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| Wednesday, January 17, 2024 | ||
| 24 | 24
misc
Letter
Wed 01/17 4:03 PM
LETTER from J. Needleman, dated 1/9/24 re: Enclosed is a copy of a letter that I sent to you on 12/22/23 requesting where to find "shall be processed in accordance with the procedure of the Clerk's Office." I have not received a response from you nor from Judge Swain. Document filed by Jerry S. Needleman.(sc) |
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| Wednesday, January 10, 2024 | ||
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misc
Mailing Receipt
Wed 01/10 4:23 PM
MAILING RECEIPT: Document No: 22. Mailed to: Jerry S. Needleman 210 East 68th Street New York, NY 10065. (mt) |
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misc
Mailing Receipt
Wed 01/10 4:24 PM
MAILING RECEIPT: Document No: 23. Mailed to: Jerry S. Needleman 210 East 68th Street New York, NY 10065. (mt) |
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| Monday, January 08, 2024 | ||
| 23 | 23
order
Judgment
Tue 01/09 3:34 PM
CIVIL JUDGMENT: For the reasons stated in the January 8, 2024, order, this action is dismissed. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith. (Signed by Judge Laura Taylor Swain on 1/8/2024) (rro) |
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Att: 1
Appeal Package
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| 22 | 22
5
pgs
order
Order of Dismissal
Tue 01/09 3:33 PM
ORDER OF DISMISSAL: The Court dismisses Plaintiff's challenge to his state court judgment under the Rooker-Feldman doctrine, for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3). All other pending matters in this case are terminated. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to enter judgment in this case. (Signed by Judge Laura Taylor Swain on 1/8/2024) (rro) |
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| Friday, January 05, 2024 | ||
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misc
Pro Se Payment of Fee - Processed
Fri 01/05 1:10 PM
Pro Se Payment of Fee Processed: $402.00 Check processed by the Finance Department on 12/29/2023, Receipt Number 25040. (ss) |
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misc
Mail Order by USPS
Fri 01/05 1:29 PM
Mailed summonses issued to Jerry S. Needleman 210 East 68th Street New York, NY 10065 on 1/5/2024. (sac) |
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| Thursday, January 04, 2024 | ||
| 19 | 19
misc
Letter
Thu 01/04 3:21 PM
LETTER addressed to Ms. Krajick from Jerry S. Needleman re: It appears that I made the mistake of sending a bank check of $405 when $402 was required. Kindly give $3.00 contribution to the Court. Document filed by Jerry S. Needleman. (sac) |
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service
Summons Issued
Fri 01/05 1:27 PM
SUMMONS ISSUED as to Sylvia Anderson, Joe Carsio, Michael McFadden. (sac) |
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| Wednesday, January 03, 2024 | ||
| 21 | 21
misc
Letter
Fri 01/05 10:31 AM
LETTER from J. Needleman, dated 12/29/23 re: By not completing her investigation (from 11/23/23 to 12/29/23 36 days) to order service be issued, Judge Swain demonstrates her inability to preside and judge fairly over this case. Document filed by Jerry S. Needleman.(sc) |
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| 20 | 20
misc
Letter
Fri 01/05 9:56 AM
LETTER addressed to Judge Laura Taylor Swain from J. Needleman, dated 12/21/23 re: One month has passed since your granting of IFP order, and I have not received notice that my summons has been served. Please give me the reason for the delay etc. Document filed by Jerry S. Needleman.(sc) |
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| Friday, December 29, 2023 | ||
| 17 | 17
service
Request for Issuance of Summons
Wed 01/03 9:57 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Michael McFadden, Det. NYPD, re:1 Complaint. Document filed by Jerry S. Needleman. (sc) (Main Document 17 replaced on 1/3/2024) (sc) |
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misc
Pro Se Payment of Fee - Deficient
Fri 12/29 12:26 PM
Deficient Pro Se Payment of Fee Received: Incorrect Amount received by the Finance Department on 12/29/23, in the amount of $405.00. Payment will be held by the Finance Office pending further order of the Court. (amf) |
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misc
Transmission to Pro Se Assistants
Wed 01/03 9:58 AM
Transmission to Pro Se Assistants. Transmitted re:17 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
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| Thursday, December 28, 2023 | ||
| 18 | 18
misc
Letter
Wed 01/03 10:56 AM
LETTER from J. Needleman to the U.S. District Court for Southern Dist. of New York, re: I am sending a check to you for $405.00 U.S. Postal Service. Document filed by Jerry S. Needleman.(sc) |
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| Wednesday, December 27, 2023 | ||
| 16 | 16
misc
Letter
Fri 12/29 8:58 AM
LETTER from J. Needleman, dated 12/20/23 re: Chief Judge Swain granted my IFP Application on 11/21/23, and you told me that the Summons and Complaint would be served in about one week etc. The delay in serving my Complaint, for more examination of my Complaint, does not and should not delay justice to me. Document filed by Jerry S. Needleman.(sc) |
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| Tuesday, December 26, 2023 | ||
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misc
Letter
Fri 12/29 7:37 AM
LETTER from J. Needleman dated 12/20/23 re: No one is above the law, including five Appellate Division judges and no one is beneath the law, including an old financially-broke pro se litigant like me. I cannot conceive of any legitimate meritorious reason why my Summons is not being served etc. Document filed by Jerry S. Needleman.(sc) |
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| 14 | 14
misc
Letter
Thu 12/28 4:43 PM
LETTER from J. Needleman, dated 12/22/23 re: In Judge Swain's letter to me of 11/6/23, she wrote "no summons shall issue at this time. If the plaintiff complies with this order, the call shall be processed in accordance with the procedure of the Clerk's Office. Kindly direct me where to find "shall be processed in accordance with procedure of the Clerk's Office. Document filed by Jerry S. Needleman.(sc) |
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| 13 | 13
misc
Letter
Thu 12/28 4:36 PM
LETTER from J. Needleman dated 12/21/23 re: I have not and I do not want to file this complaint. I have not received a response to my requests for reason for delay serving my summons. Document filed by Jerry S. Needleman.(sc) |
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| 12 | 12
service
Request for Issuance of Summons
Wed 12/27 10:45 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Sylvia Anderson, Joe Carsio, Michael McFadden, re:1 Complaint. Document filed by Jerry S. Needleman. (sac) |
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| 11 | 11
misc
Letter
Wed 12/27 10:44 AM
LETTER from Jerry S. Needleman re: Complaint. Enclosed are Appellate Division's fraudulent and corrupt decision and letter to Chief Motion Clerk Rachel M. MacVein. Document filed by Jerry S. Needleman. (sac) |
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| Friday, December 22, 2023 | ||
| 10 | 10
misc
Letter
Tue 12/26 11:32 AM
LETTER addressed to Ms. Krajick from Jerry S. Needleman dated 12/17/23 re: I have been told that the Chief's office is considering my Complaint. It is now more than three weeks and no summons has been served. Document filed by Jerry S. Needleman..(rdz) |
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| Thursday, December 21, 2023 | ||
| 9 | 9
misc
Letter
Fri 12/22 7:53 AM
LETTER from J. Needleman,. dated 12/16/23 re: I sued McFadden as defendant, and the five New York Appellate Division judges switched and substituted a municipal corporation as defendant and dismissed my Complaint for failure to serve Notice of Claim, which was not required for defendant McFadden. Document filed by Jerry S. Needleman.(sc) |
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| Tuesday, December 19, 2023 | ||
| 8 | 8
misc
Letter
Thu 12/21 11:23 AM
LETTER from J. Needleman, re: On 11/21/23, Chief U.S. District Judge Swain granted my IFP application, and I was told that the Court would serve the defendants in about a week. It is now approximately three weeks and I have not yet received notice of serving Summons and Complaint. Document filed by Jerry S. Needleman.(sc) |
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| 7 | 7
misc
Letter
Wed 12/20 4:30 PM
LETTER addressed to Judge Laura Taylor Swain from J. Needleman, re: On 11/6/23, you ordered payment of my application for IFP, and I was told at at that time that the Court would order service of Summons and Complaint to defendants in one week. It is now 37 days since 11/7/23 and I am now told that the delay is awaiting your order. Document filed by Jerry S. Needleman.(sc) |
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| 6 | 6
misc
Letter
Wed 12/20 3:02 PM
LETTER from J. Needleman, dated 12/14/23 re: It is now more than three weeks, and I am being told that my complaint is now being reviewed. If I had paid $400 fee, my complaint would have been served without being reviewed. Is it because I have no money that my complaint is being reviewed. Document filed by Jerry S. Needleman.(sc) |
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| Monday, November 27, 2023 | ||
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misc
Mailing Receipt
Mon 11/27 4:58 PM
MAILING RECEIPT: Document No: 5. Mailed to: Jerry S. Needleman 210 East 68th Street New York, NY 10065. (sha) |
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| Monday, November 13, 2023 | ||
| 3 | 3
misc
Letter
Wed 11/15 3:18 PM
LETTER from J. Needleman, dated 11/17/23 re: IN ADDITION TO STATEMENT OF CLAIM -FACTS, I want to add: My alklegation supported by evidence that the five Appellant Division Judges arranged with NYPD Detective Michael McFadden's police facilitators to switch defendants and dismiss Needleman's Complaint etc. Document filed by Jerry S. Needleman.(sc) |
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| Wednesday, November 08, 2023 | ||
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misc
Mailing Receipt
Wed 11/08 9:53 AM
MAILING RECEIPT: Document No: 2. Mailed to: Jerry S. Needleman 210 East 68th Street New York, NY 10065. (sha) |
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| Monday, November 06, 2023 | ||
| 2 | 2
order
Order Directing Payment of Fee or IFP Application
Mon 11/06 4:28 PM
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. 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). Filing Fee due by 12/6/2023. In Forma Pauperis (IFP) Application due by 12/6/2023. (Signed by Judge Laura Taylor Swain on 11/6/2023) (sha) |
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notice
Notice of Case Assignment/Reassignment - Sua Sponte
Mon 11/06 10:48 AM
NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
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| Wednesday, November 01, 2023 | ||
| 1 | 1
cmp
Complaint
Fri 11/03 11:40 AM
COMPLAINT against Sylvia Anderson, Joe Carsio, Michael McFadden. Document filed by Jerry S. Needleman. (sac) |
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utility
Case Designated ECF
Fri 11/03 11:42 AM
Case Designated ECF. (sac) |
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