Hyndman v. Small Business Administration et al
| New York Southern District Court | |
| Judge: | Philip M Halpern |
| Case #: | 7:22-cv-04973 |
| Nature of Suit | 899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision |
| Cause | 05:702 Administrative Procedure Act |
| Case Filed: | Jun 13, 2022 |
| Terminated: | Jan 22, 2024 |
| Last checked: Saturday Dec 10, 2022 4:51 AM EST |
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Defendant
Isabel Guzman
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Defendant
Small Business Administration
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Defendant
The United States of America
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Represented By
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Defendant
Janet Yellen
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Plaintiff
Dante Hyndman
738 Pelhamdale Avenue
New Rochelle, NY 10801 |
| Docket last updated: 11/06/2024 11:59 PM EST |
| Monday, January 22, 2024 | ||
| 37 | 37
order
Judgment - Clerk
Mon 01/22 10:49 AM
CLERK'S JUDGMENT re:36 Memorandum & Opinion in favor of Small Business Administration, The United States of America, Isabel Guzman, Janet Yellen against Dante Hyndman. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated January 22, 2024, Plaintiff's claims are dismissed with prejudice as any amendment would be futile. Accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 1/22/2024) (tp) (Main Document 37 replaced on 1/22/2024) (tp) |
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Att: 1
Appeal Package
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| 36 | 36
11
pgs
order
Memorandum & Opinion
Mon 01/22 10:23 AM
OPINION AND ORDER re:31 MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim . filed by The United States of America, Janet Yellen, Isabel Guzman, Small Business Administration,29 MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim . filed by The United States of America, Janet Yellen, Isabel Guzman, Small Business Administration. Accordingly, the Complaint fails to state a claim upon which relief can be granted. Based upon the foregoing, Defendants' motion to dismiss is GRANTED and Plaintiff'sComplaint is dismissed with prejudice. While [d]istrict courts should frequently provide leave to amend before dismissing a pro se complaint...leave to amend is not necessary when it would be futile." Reed v. Friedman Mgt. Corp., 541 F. App'x 40, 41 (2d Cir. 2013) (citing Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000)). For all the reasons described herein, Plaintiff's claims are dismissed with prejudice as any amendment would be futile. The Clerk of the Court is respectfully directed to terminate the pending motions (Doc. 29, Doc. 31) and to close this case. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/22/2024) (jca) |
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| Thursday, May 25, 2023 | ||
| 35 | 35
respm
Reply Memorandum of Law in Support of Motion
Thu 05/25 5:52 PM
REPLY MEMORANDUM OF LAW in Support re:31 MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim . . Document filed by Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen..(Pantoja, Joseph) |
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| Monday, May 15, 2023 | ||
| 34 | 34
respm
Response in Opposition to Motion
Tue 05/16 12:25 PM
PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS,re:31 MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim .. Document filed by Dante Hyndman. (sc) |
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| Tuesday, May 09, 2023 | ||
| 33 | 33
order
Memo Endorsement ~Util - Set Deadlines
Tue 05/09 2:07 PM
MEMO ENDORSEMENT on re:32 Letter, filed by Dante Hyndman. ENDORSEMENT Application granted. Plaintiff's time to file opposition to defendants' motion to dismiss is extended to 5/15/2023. SO ORDERED. (Signed by Judge Philip M. Halpern on 5/9/2023) (jca) |
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| Monday, May 08, 2023 | ||
| 32 | 32
misc
Letter
Mon 05/08 4:28 PM
LETTER addressed to Judge Philip M. Halpern from D. Hyndman, dated 5/8/23 re: Plaintiff respectfully writes for an extension of time to file the reply to Defendants' Motion to Dismiss. Due to family emergencies, Plaintiff has not had time to fully prepare the reply. Therefore, plaintiff asks the Court to enlarge the time to reply to 5/15/23 or thereafter. Document filed by Dante Hyndman.(sc) |
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| Friday, April 07, 2023 | ||
| 31 | 31
motion
Dismiss/Lack of Jurisdiction
Fri 04/07 11:04 AM
MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim . Document filed by Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen..(Pantoja, Joseph) |
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Att: 1
Supplement Local Rule 12.1 Notice to Pro Se Litigant,
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Att: 2
Affidavit certificate of service on plaintiff
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| 30 | 30
24
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respm
Memorandum of Law in Support of Motion
Fri 04/07 10:05 AM
MEMORANDUM OF LAW in Support re:29 MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim . . Document filed by Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen..(Pantoja, Joseph) |
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Att: 1
Affidavit certificate of service on plaintiff
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| 29 | 29
motion
Dismiss/Lack of Jurisdiction
Fri 04/07 10:00 AM
MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim . Document filed by Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen..(Pantoja, Joseph) |
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Att: 1
Affidavit certificate of service on plaintiff
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| Tuesday, March 07, 2023 | ||
| 28 | 28
order
Memo Endorsement ~Util - Set Deadlines
Tue 03/07 12:15 PM
MEMO ENDORSEMENT on re:24 Letter, filed by The United States of America, Janet Yellen, Isabel Guzman, Small Business Administration. ENDORSEMENT The Court waives any pre-motion conference requirement, grants Defendants leave to file a motion to dismiss, and sets the following briefing schedule: Defendants' motion to dismiss shall be served and filed by April 7, 2023; Plaintiff's opposition shall be served and filed by May 8, 2023; and Defendants' reply, if any, shall be served and filed by May 26, 2023. SO ORDERED. (Motions due by 4/7/2023., Replies due by 5/26/2023., Responses due by 5/8/2023) (Signed by Judge Philip M. Halpern on 3/7/2023) (jca) |
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| Friday, March 03, 2023 | ||
| 27 | 27
misc
Letter
Mon 03/06 8:56 AM
LETTER addressed to Judge Philip M. Halpern from D. Hyndman, re: Plaintiff directs the Court to the decisions rendered by the Sixth Circuit, DV Diamond Club of Flint v. U.S. Small Bus. Admin. 469 F. Supp. 3d459-Dist. Court D. Maryland etc. which have interpreted 634(b)(1) in favor of injunction, explaining: "Courts have held that 634(b)(1) was not intended to render the agency immune from injunctive relief in situations where the agency(SBA) has exceeded its statutory authority etc." Document filed by Dante Hyndman.(sc) |
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| Tuesday, February 21, 2023 | ||
| 26 | 26
order
Endorsed Letter
Tue 02/21 4:37 PM
ENDORSED LETTER addressed to Judge Philip M. Halpern from Dante Hyndman dated Undated re: Plaintiff respectfully request an extension of 10 days to reply to Defendants, Pre-Motion Letter. Counsel for the Defendants has been notified of this extension request and has agreed with the requested extension. ENDORSEMENT: Application granted. Plaintiff's response shall be filed by March 3, 2023. Plaintiff is reminded that pro se filings shall not be mailed or emailed to Chambers; he is therefore referred to the S.D.N.Y. webpage for pro se litigants (www.nysd.uscourts.gov/prose) for instructions for filing documents, as well general information for individuals representing themselves pro se. SO ORDERED. (Signed by Judge Philip M. Halpern on 2/21/2023) (jca) |
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| Monday, February 13, 2023 | ||
| 25 | 25
order
Memo Endorsement
Mon 02/13 11:04 AM
MEMO ENDORSEMENT on re:24 Letter, filed by The United States of America, Janet Yellen, Isabel Guzman, Small Business Administration. ENDORSEMENT Plaintiff is directed to file a response to defendants' pre-motion letter by 2/21/2023. SO ORDERED. (Signed by Judge Philip M. Halpern on 2/13/2023) (jca) |
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| Wednesday, February 01, 2023 | ||
| 24 | 24
misc
Letter
Wed 02/01 5:23 PM
LETTER addressed to Judge Philip M. Halpern from AUSA Joseph A. Pantoja dated February 1, 2023 re: pre-motion letter pursuant to Judge Halpern's Individual Practices, paras. 2.C. and 4.C. Document filed by Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen..(Pantoja, Joseph) |
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| Tuesday, January 24, 2023 | ||
| 23 | 23
1
pgs
order
Order on Motion for Extension of Time to Answer
Tue 01/24 12:44 PM
ORDER granting22 Letter Motion for Extension of Time to Answer re22 SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Philip M. Halpern from AUSA Joseph A. Pantoja dated January 24, 2023. Application granted. The deadline to answer or otherwise respond to the complaint is extended to 2/3/2023. SO ORDERED. Isabel Guzman answer due 2/3/2023; Small Business Administration answer due 2/3/2023; The United States of America answer due 2/3/2023; Janet Yellen answer due 2/3/2023. (Signed by Judge Philip M. Halpern on 1/24/2023) (jca) |
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| 22 | 22
motion
Extension of Time to File Answer
Tue 01/24 8:40 AM
SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Philip M. Halpern from AUSA Joseph A. Pantoja dated January 24, 2023. Document filed by Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen..(Pantoja, Joseph) |
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| Thursday, December 22, 2022 | ||
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misc
Mail Order by USPS
Thu 12/22 10:46 AM
Mailed a copy of21 Order on Motion for Extension of Time to Answer, to Dante Hyndman at 738 Pelhamdale Avenue New Rochelle, NY 10801. (dsh) |
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| Wednesday, December 21, 2022 | ||
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1
pgs
order
Order on Motion for Extension of Time to Answer
Wed 12/21 3:57 PM
ORDER granting19 Letter Motion for Extension of Time to Answer re19 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Philip M. Halpern from AUSA Joseph A. Pantoja dated December 21, 2022.,2 Complaint. Application granted. The deadline to answer or otherwise respond to the complaint is extended to 1/27/2023. The Clerk of Court is respectfully requested to: 1) update the e-mail address on the docket for plaintiff as indicated in the Government's letter (Doc. 20) to dantehyndman96@gmail.com; and 2) mail a copy of this Order to Plaintiff. SO ORDERED. Isabel Guzman answer due 1/27/2023; Small Business Administration answer due 1/27/2023; The United States of America answer due 1/27/2023; Janet Yellen answer due 1/27/2023. (Signed by Judge Philip M. Halpern on 12/21/2022) (kv) |
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misc
Letter
Wed 12/21 1:10 PM
LETTER addressed to Judge Philip M. Halpern from AUSA Joseph A. Pantoja dated December 21, 2022 re: ECF No. 19 - follow up advising Plaintiff has consented to ECF No. 19. Document filed by Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen..(Pantoja, Joseph) |
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Att: 1
Affidavit certificate of service on plaintiff
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| 19 | 19
motion
Extension of Time to File Answer
Wed 12/21 11:31 AM
FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Philip M. Halpern from AUSA Joseph A. Pantoja dated December 21, 2022. Document filed by Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen..(Pantoja, Joseph) |
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Att: 1
Affidavit certificate of service on plaintiff
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| Monday, December 19, 2022 | ||
| 18 | 18
notice
Notice of Appearance
Mon 12/19 6:03 PM
NOTICE OF APPEARANCE by Joseph Anthony Pantoja on behalf of Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen..(Pantoja, Joseph) |
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| Thursday, December 08, 2022 | ||
| 17 | 17
service
Marshal's Process Receipt and Return of Service Executed as to USA
Thu 12/08 3:20 PM
MARSHALS PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Janet Yellen, served on 10/31/2022, answer due 12/30/2022. Service was accepted by D. Lee, Deputy Exec. TVF Secretary. Document filed by Dante Hyndman. (sc) |
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| 16 | 16
service
Marshal's Process Receipt and Return of Service Executed as to USA
Thu 12/08 3:17 PM
MARSHALS PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Small Business Administration, served on 10/31/2022, answer due 12/30/2022. Service was accepted by Valerie Mills, Exec. Ops. Officer. Document filed by Dante Hyndman. (sc) |
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service
Marshal's Process Receipt and Return of Service Executed as to USA
Thu 12/08 3:15 PM
MARSHALS PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. The United States of America, served on 11/29/2022, answer due 1/30/2023. Service was accepted by Lisa Ahearn, USAO. Document filed by Dante Hyndman. (sc) |
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service
Marshal's Process Receipt and Return of Service Executed as to USA
Thu 12/08 3:12 PM
ARSHALS PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Isabel Guzman served on 10/31/2022, answer due 12/30/2022. Service was accepted by Valerie Mills, Exec. Ops. Officer. Document filed by Dante Hyndman. (sc) |
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| Wednesday, November 09, 2022 | ||
| 13 | 13
notice
Notice of Appearance
Wed 11/09 9:41 AM
NOTICE OF APPEARANCE by Joseph Anthony Pantoja on behalf of Isabel Guzman, Small Business Administration, Janet Yellen..(Pantoja, Joseph) |
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| Thursday, November 03, 2022 | ||
| 12 | 12
notice
Notice of Appearance
Thu 11/03 9:01 AM
NOTICE OF APPEARANCE by Joseph Anthony Pantoja on behalf of The United States of America..(Pantoja, Joseph) |
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| Monday, October 31, 2022 | ||
| 11 | 11
service
Marshal's Process Receipt and Return of Service Executed as to USA
Tue 11/01 12:07 PM
MARSHALS PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. The United States of America, served on 10/26/2022, answer due 12/27/2022. Service was made by email to Lisa Ahsarn, USAO. Document filed by Dante Hyndman. (sc) |
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| Monday, October 24, 2022 | ||
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order
Order on Motion for Miscellaneous Relief
Mon 10/24 11:57 AM
MEMO ENDORSEMENT granting in part and denying in part9 Motion re:9 MOTION FOR ISSUANCE OF SUMMONS BY U.S. MARSHAL'S OFFICE. ENDORSEMENT Motion denied to the extent Plaintiff requests service of the summons and complaint on non-parties the United States Attorney General and United States Attorney for the Southern District of New York, as Plaintiff has not named them as defendants in this action and has not provided the Court any reason they should be joined in the action or that summonses should otherwise issue to them. The Court construes Plaintiff's letter as a request to extend the time for the United States Marshals to effectuate service on defendants the United States Small Business Administration; Isabel Guzman, the Administrator of the SBA; Janet Yellen, the Secretary of the Treasury; and the United States of America via the United States Attorney for the Southern District of New York pursuant to the Court's Order of Service (Doc. 5), and grants same. The time to effectuate service on the named defendants is extended, nunc pro tunc, for 90 days from the date of this order. Plaintiff is reminded that it is his responsibility to request an extension of time for service if the complaint is not served within 90 days of the date of this order. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012). The Clerk of Court is respectfully requested to terminate the motion (Doc. 9) and to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Philip M. Halpern on 10/24/2022) (jca) |
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| Friday, September 16, 2022 | ||
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motion
Miscellaneous Relief
Fri 09/16 4:18 PM
MOTION FOR ISSUANCE OF SUMMONS BY U.S. MARSHAL'S OFFICE. Document filed by Dante Hyndman.(sc) |
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| 8 | 8
misc
Pro Se Consent to Receive Electronic Service
Fri 09/16 4:16 PM
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Dante Hyndman consents to receive electronic service via the ECF system. Document filed by Dante Hyndman.(sc) |
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| Thursday, July 21, 2022 | ||
| 7 | 7
misc
FRCP 4 Service Package - Mailed
Thu 07/21 10:09 AM
INFORMATION PACKAGE MAILED to Dante Hyndman 738 Pelhamdale Avenue New Rochelle, NY 10801, at, on 7/21/2022 Re:5 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, Order granting IFP application, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (aan) |
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| 6 | 6
3
pgs
service
Summons Issued
Thu 07/21 10:07 AM
SUMMONS ISSUED as to Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen. (aan) |
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misc
FRCP 4 Service Package - Hand Delivered to U.S.M.
Thu 07/21 10:07 AM
FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 7/21/2022 Re: Judge Philip M. Halpern5 Order of Service. The following document(s) were enclosed in the Service Package: Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen. (aan) |
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| Tuesday, July 19, 2022 | ||
| 5 | 5
3
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order
Order of Service
Tue 07/19 3:32 PM
ORDER OF SERVICE: To allow Plaintiff to effect service on Defendants SBA; Isabel Guzman, the Administrator of the SBA; Janet Yellen, the Secretary of the Treasury; and the United States of America through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for each of these Defendants. The Clerk of Court is further instructed to: (1) mark the box on the USM-285 form labeled "Check for service on U.S.A.; and (2) issue summonses and deliver to the Marshals Service a copy of this order and all other paperwork necessary for the Marshals Service to effect service on the Defendants. If the complaint is not served within 90 days after the date the summonses are issued, Plaintiff should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012) (holding that it is the plaintiff's responsibility to request an extension of time for service). Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so. The Clerk of Court is instructed to (1) issue summonses for the SBA, Guzman, Yellen, and the United States; (2) complete the USM-285 forms with the addresses for each defendant; (3) mark the box on the USM-285 forms labeled "Check for service on U.S.A."; and (4) deliver to the U.S. Marshals Service all documents necessary to effect service on Defendants. The Clerk of Court is further directed to mail an information package to Plaintiff. SO ORDERED. (Signed by Judge Philip M. Halpern on 7/19/2022) (jca) |
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| Sunday, July 17, 2022 | ||
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notice
Notice of Case Assignment/Reassignment
Sun 07/17 8:26 PM
NOTICE OF CASE REASSIGNMENT to Judge Philip M. Halpern. Judge Unassigned is no longer assigned to the case. (laq) |
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utility
Case Designation
Sun 07/17 8:27 PM
Magistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (laq) |
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| Friday, July 15, 2022 | ||
| MAILING RECEIPT: Document No: 3. Mailed to: Dante Hyndman 738 Pelhamdale Avenue New Rochelle, NY 10801. (kh) | ||
| Thursday, July 14, 2022 | ||
| 3 | 3
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Laura Taylor Swain on 7/14/2022) (vn)
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| Monday, June 13, 2022 | ||
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COMPLAINT against Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen. Document filed by Dante Hyndman. (sac)
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| 1 | 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Dante Hyndman. (sac)
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| Case Designated ECF. (sac) | ||