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13-4696 - Pietsch v. Marcantonio et al


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13-4696 - Pietsch v. Marcantonio et al
November 18, 2013
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MEMORANDUM & ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff's application to proceed in forma pauperis is GRANTED. Plaintiff's claims against the Commission, the RNC, and the DNC are sua sponte DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b)(1), and Plaintiff may seek to amend his Complaint to add one of these entities if he discovers, at a later date, that one of them was P.O. Marcantonio's employer on the date at issue. Plaintiff's claims against Hofstra and Rabinowitz are DISMISSED WITHOUT PREJUDICE, and Plaintiff is granted leave to re-plead against these Defendants in an Amended Complaint to be filed within thirty (30) days from the date of this Order. If Plaintiff fails to do so, such claims will be dismissed with prejudice. Finally, Plaintiff's claims against P.O. Marcantonio shall proceed, and Plaintiff shall provide the Court, in writing, with an address for service upon P.O. Marcantonio within thirty (30) days from the date of this Order. No Summons shall issue at this time. Once Plaintiff provides the service address for P.O. Marcantonio to the Court, the Clerk of the Court shall forward it to the U.S. Marshal Service together with copies of the Summons, Complaint, and this Order for service upon P.O. Marcantonio. The Clerk of the Court is directed to mail a copy of this Order to the pro se Plaintiff. 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 any appeal. So Ordered by Judge Joanna Seybert on 11/18/2013. C/M (Valle, Christine)
February 25, 2014
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MEMORANDUM & ORDER. Plaintiff's claims against Defendants Hofstra University and Stuart Rabinowitz are DISMISSED WITH PREJUDICE and these Defendants are TERMINATED from this action. The Clerk of the Court is DIRECTED to issue a Summons against P.O. Marcantonio and forward it to the USMS together with the Complaint and the November 18th Order for service upon P.O. Marcantonio at 144 Hofstra University, Hempstead, New York. Plaintiff's motion 13 for an "open-ended extension of time... until Vito Marcantonio... is found, identified, and served by the U.S. Marshall" is DENIED. Plaintiff's 11 MOTION for Extension of Time to File Amended Complaint for 20 days is MOOT and the MOTION for Recusal of Judge Joanna Seybert is DENIED. The Court certifies that any appeal from this Order would not be taken in good faith and in forma pauperis status is DENIED for purposes of an appeal. Ordered by Judge Joanna Seybert on 2/25/2014. (C/M Plaintiff) (Nohs, Bonnie)
May 15, 2014
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MEMORANDUM AND ORDER - The Clerk of the Court is DIRECTED to issue a Summons against Marcantonio and forward it to the USMS together with the Complaint, the Court's November 18, 2013 Order (Docket Entry 8), and this Order for service upon Marcantonio. Plaintiff's request to subpoena Hofstra's President and its Director of Public Safety to identify Marcantonio is DENIED because the request is premature at this time. The Clerk of the Court is directed to mail a copy of this Order to pro se Plaintiff. So Ordered by Judge Joanna Seybert on 5/15/2014. C/M (Valle, Christine)
February 26, 2015
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MEMORANDUM & ORDER denying 26 Motion to Compel; denying 28 Motion for Leave to Appeal in forma pauperis; The Court will order the USMS to attempt service one additional time. The Clerk of the Court is directed to issue a Summons and Rider identical to the previous Summons and Rider at Docket Entry 25 and forward them to the USMS together with the Complaint, the Courts November 18, 2013 and May 15, 2014 Orders (Docket Entries 7, 24), and this Order for service upon Marcantonio. The Clerk of the Court is directed to mail a copy of this Order to pro se Plaintiff. So Ordered by Judge Joanna Seybert on 2/26/2015. C/M (Valle, Christine)
March 16, 2016
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MEMORANDUM & ORDER denying 32 Motion to Amend/Correct/Supplement; denying 35 Motion to Compel; For the reasons set forth above, Plaintiff's motions (Docket Entries 32 and 35) are DENIED. Given that the Plaintiff has been unable to provide the USMS with an address at which P.O. Marcantonio can be served, and their efforts to serve P.O. Marcantio at the three addresses provided by Plaintiff on three occasions have been unsuccessful, the Court has no choice but to DISMISS THE COMPLAINT WITHOUT 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 and therefore in forma pauperis status is DENIED for purpose of an appeal. The Clerk of the Court is directed to mail a copy of this Order to the pro se Plaintiff at his last known address and to mark this case CLOSED. So Ordered by Judge Joanna Seybert on 3/16/2016. C/M (Valle, Christine)