Case: Griffith v. New York State

Griffith et al. v. State of New York et al.

Griffith et al. v. State of New York et al.

Griffith et al. v. State of New York et al.

Griffith et al. v. State of New York et al.

Griffith et al. v. State of New York et al.

Griffith et al. v. State of New York et al.

Griffith et al. v. State of New York et al.

Griffith et al. v. State of New York et al.

Griffith et al. v. State of New York et al.

Griffith et al. v. State of New York et al.

MOTION for Temporary Restraining Order by Howard Griffith and Rebecca Skanley, Pro Se. (Attachments: # 1 Exhibit A - Email Correspondence, # 2 Exhibit B - State Court Documents, # 3 Process Receipt and Return, # 4 Civil Cover Sheet)(pjh, ) (Additional attachment(s) added on 10/26/2020: # 5 Envelope) (pjh, ). Modified on 11/24/2020 (jel, ). (Entered: 10/26/2020)

1 Exhibit A - Email Correspondence

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2 Exhibit B - State Court Documents

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3 Process Receipt and Return

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4 Civil Cover Sheet

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5 Envelope

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MOTION for Leave to Proceed in forma pauperis filed by Howard Griffith and Rebecca Skanley, Pro Se. (Attachments: # 1 Envelope) Motions referred to Miroslav Lovric. (pjh, ) (Entered: 10/26/2020)

ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. Signed by Senior Judge Gary L. Sharpe on 10/27/2020. (Copy served via regular mail along with form complaint and pro se packet)(jel, ) (Entered: 10/27/2020)

COMPLAINT against New York State and Jan Nastri filed by Howard Griffith and Rebecca Sklaney. (hmr) (Entered: 11/12/2020)

MOTION for Leave to Proceed in forma pauperis filed by Howard Griffith, Rebecca Sklaney. Motions referred to Miroslav Lovric. (hmr) (Entered: 11/12/2020)

TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, 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 Senior Judge Gary L. Sharpe on 11/12/2020.(Copy served upon pro se plaintiffs via regular mail on 11/12/2020.)(hmr) (Entered: 11/12/2020)

Order Reopening Case (Text-Only Inmate)

STATUS REPORT by Howard Griffith, Rebecca Sklaney. (hmr) (Entered: 11/24/2020)

SUPPLEMENT to Dkt. No. 1 MOTION for Temporary Restraining Order by Howard Griffith, Rebecca Sklaney. (Attachments: # 1 Envelope)(hmr) (Entered: 12/01/2020)

1 Envelope

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TEXT ONLY ORDER - Plaintiffs have moved for a temporary restraining order. (Dkt. Nos. 1, 8.) Upon review of the complaint, the motion, and a supplement thereto, it is plain that plaintiffs have failed to meet their burden of demonstrating a likelihood of success on the merits. See Sanchez v. Bonacchi, No. 5:14-CV-452, 2014 WL 2927795, at *2 (N.D.N.Y. June 27, 2014). Secondarily, it is not readily apparent why immediate relief is necessary. Accordingly, plaintiffs' motion, (Dkt. No. 1), is DENIED. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 12/1/2020. (Copy served via regular mail)(jel, ) (Entered: 12/01/2020)

Order on Motion for TRO AND Order on Motion for TRO

***STRICKEN PURSUANT TO JUDGE LOVRIC'S 11 ORDER*** Letter with attachments from Howard Griffith. (hmr) Modified on 12/7/2020 (jdp, ). (Entered: 12/04/2020)

TEXT ORDER striking Letter 10 . It is unclear what relief, if any, Plaintiff Howard Griffith is requesting and what the grounds are for that relief. Because this document is being stricken from the docket, it will not be considered by the Court. To the extent Plaintiff Howard Griffith is applying for some sort of Order from the Court, he must specify the relief sought and the grounds therefor. Authorized by Magistrate Judge Miroslav Lovric on 12/7/2020. (Copy served on pro se Plaintiffs via regular mail) (jdp ) (Entered: 12/07/2020)

Order to Strike

EMERGENCY MOTION for Temporary Restraining Order by Howard Griffith. (Attachments: # 1 Proposed Order)(hmr) (Entered: 12/16/2020)

1 Proposed Order

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MOTION for Writ of Habeas Corpus filed by Howard Griffith, Rebecca Sklaney. (Attachments: # 1 Petition for Writ of Habeas Corpus signed by, # 2 Supplement, # 3 USM 285 - NYS Attorney General, # 4 USM 285 - Onondaga County District Attorney, # 5 Envelope) Motions referred to Miroslav Lovric. (hmr) (Entered: 12/16/2020)

TEXT ONLY ORDER - Plaintiff pro se Howard Griffith has again moved for a temporary restraining order by order to show cause. (Dkt. No. 12.) For the same reasons previously explained, (Dkt. No. 9), the application is DENIED. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 12/18/2020. (Copy served via regular mail to non cm/ecf parties)(jel, ) (Entered: 12/18/2020)

Order on Motion for TRO

SUPPLEMENT to Dkt. No. 12 Emergency Motion for a Temporary Restraining Order by Howard Griffith. (hmr) (Entered: 12/21/2020)

MEMORANDUM by Howard Griffith. (hmr) (Entered: 12/28/2020)

ORDER and REPORT RECOMMENDATION: re 4 Complaint filed by Howard Griffith, Rebecca Sklaney: Ordered that Plaintiffs' amended IFP application Dkt. No. 5 is Granted; Recommended that the Court Dismiss with Leave to Replead Plaintiffs' Complaint (Dkt. No. 4 ) for frivolousness, pursuant to 28 U.S.C. 1915(e)(2)(B); Recommended that the Court Dismiss Without Prejudice Plaintiffs' petition for habeas corpus (Dkt. No. 13 ), for failure to exhaust available court remedies; and Ordered that the Clerk of the Court shall file a copy of this Order and Report-Recommendation on Plaintiffs, along with copies of the unpublished decisions cited herein in accordance with the Second Circuit's decision in Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009) (per curiam).(Objections to R&R due by 1/11/2021, Case Review Deadline 1/14/2021), Motions terminated: 5 MOTION for Leave to Proceed in forma pauperis filed by Howard Griffith, Rebecca Sklaney.Signed by Magistrate Judge Miroslav Lovric on 12/28/2020. (Attachments: # 1 Unpublished Decisions)(Copy of Order and Report-Recommendation, along with the unpublished decisions were served upon pro se plaintiffs via regular mail on 12/28/2020.)(hmr) (Entered: 12/28/2020)

1 Unpublished Decisions

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OBJECTIONS - Memorandum of Law to 17 Report and Recommendations by Howard Griffith, Rebecca Sklaney. (Attachments: # 1 Envelope)(hmr) (Entered: 01/05/2021)

SUMMARY ORDER - That the Order and Report-Recommendation (Dkt. No. 17) is ADOPTED in its entirety. That Griffith's petition for a writ of habeas corpus (Dkt. No. 13) is DISMISSED WITHOUT PREJUDICE. That plaintiff's complaint (Dkt. No. 4) is DISMISSED WITHOUT PREJUDICE AND WITH LEAVE TO REPLEAD. That plaintiffs may file an amended complaint within thirty (30) days of the date of this Summary Order. That, if plaintiffs file a timely amended complaint, the Clerk shall forward it to Judge Lovric for review. That, if plaintiffs do not file a timely amended complaint, the Clerk shall enter judgment without further order of the court. Signed by Senior Judge Gary L. Sharpe on 5/4/2021. (Copy served via regular mail)(jel, ) (Entered: 05/04/2021)

Set Deadlines/Hearings: Notice of Compliance Deadline 6/3/2021. Case Review Deadline 6/8/2021. (jel, )

AMENDED COMPLAINT against Jan Nastri, New York State filed by Howard Griffith,Rebecca Sklaney. (Attachments: # 1 Envelope)(hmr) (Entered: 05/27/2021)

1 Envelope

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*** STRICKEN PURSUANT TO THE COURT'S AUGUST 3, 2021 ORDER *** PETITION FOR EXTRAORDINARY WRIT filed by Howard Griffith, Rebecca Sklaney. (Attachments: # 1 Supplement, # 2 Supplement) (hmr) (Additional attachment(s) added on 5/27/2021: # 3 Envelope) (hmr, ). Modified on 8/4/2021 (jel, ). (Entered: 05/27/2021)

*** STRICKEN PURSUANT TO THE COURT'S AUGUST 3, 2021 ORDER *** PETITION FOR REHEARING FOR PETITION FOR WRIT OF CERTIORARI filed by Howard Griffith, Rebecca Sklaney. (Attachments: # 1 Envelope) (hmr) Modified on 8/4/2021 (jel, ). (Entered: 05/27/2021)

CLERK'S CORRECTION OF DOCKET ENTRY re 21 Petition for Extraordinary Writ: Clerk added envelope to this docket entry, since it was not docketed in the original filing. (hmr)

*** STRICKEN PURSUANT TO THE COURT'S AUGUST 3, 2021 ORDER *** PETITION FOR EXTRAORDINARY WRIT - SUPPLEMENTAL BRIEF filed by Howard Griffith, Rebecca Sklaney. (Attachments: # 1 Envelope)(hmr) Modified on 8/4/2021 (jel, ). (Entered: 06/10/2021)

ORDER and REPORT-RECOMMENDATION re 20 Amended Complaint filed by Howard Griffith, Rebecca Sklaney: Recommended that the Court Dismiss without leave to replead Plaintiff's Amended Complaint (Dkt. No. 20 ) in its entirety, pursuant to 28 U.S.C. 1915(e)(2)(B)(i); Recommended that Plaintiff's Petition for Extraordinary Writ (Dkt. No. 21 ), Petition for Rehearing for Petition for Writ of Certiorari (Dkt. No. 22 ), and the Petition for Extraordinary Writ - Supplemental Brief (Dkt. No. 23 ) be stricken from the docket or Denied without prejudice; and Ordered that the Clerk of the Court shall file a copy of this Order and Report-Recommendation on Plaintiffs, along with copies of the unpublished decisions cited herein in accordance with the Second Circuit's decision in Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009) (per curiam). Objections to R&R due by 7/28/2021 Case Review Deadline 8/2/2021Signed by Magistrate Judge Miroslav Lovric on 07/14/2021. (Attachments: # 1 Unpublished Cases)(Copies of the Order and Report-Recommendation, together with the unpublished cases were served upon Howard Griffith and Rebecca Sklaney at 2903 James Street, #1R, Syracuse, NY 13206 via regular mail on 7/14/2021.)(hmr) (Entered: 07/14/2021)

1 Unpublished Cases

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NOTICE of Change of Address by Howard Griffith Effective Date 07/23/2021 Old Address: 2903 James Street #1R, Syracuse, NY 13206 New Address: P.O. Box 300, Marcy, NY 13403-0300. (hmr) (Entered: 07/23/2021)

Letter Motion from Howard Griffith requesting a copy of the Local Rules. [A copy of the Local Rules was mailed to pro se plaintiff no 8/2/2021.] (hmr) (Entered: 08/03/2021)

ORDER - That the Order and Report-Recommendation (Dkt. No. 24) is ADOPTED in its entirety. That plaintiffs' amended complaint (Dkt. No. 20) is DISMISSED pursuant to 28 U.S.C. 1915(e)(2)(B)(i). That plaintiffs' petitions for extraordinary writ (Dkt. No. 21), rehearing for petition for writ of certiorari (Dkt. No. 22), and extraordinary writ-supplemental brief (Dkt. No. 23) are STRICKEN. That the Clerk close this case. Signed by Senior Judge Gary L. Sharpe on 8/3/2021. (Copy served via regular and certified mail)(jel, ) (Entered: 08/03/2021)

JUDGMENT in favor of New York State, Jan Nastri against Howard Griffith, Rebecca Sklaney. (Copy served via regular and certified mail) (jel, ) (Entered: 08/03/2021)

U.S. Postal RETURN RECEIPT - Certified Mail - received as to Howard Griffith re 27 Order on Report and Recommendations, 28 Judgment served on Howard Griffith. (hmr) (Entered: 08/10/2021)

Letter from Howard Griffith requesting a copy of the Dkt. No. 24 - Order and Report Recommendation dated July 14, 2021. [A copy of the Dkt. No. 24 Order and Report Recommendation, along with the unpublished cases were mailed to Howard Griffith via regular mail to CNY PC. PO Box 300, Marcy, NY 13403 on 8/12/2021]. (hmr) (Entered: 08/12/2021)

**STRICKEN PURSUANT TO JUDGE SHARPE'S 8/13/2021 ORDER**NOTICES OF ENTRY by non-party. (hmr) Modified on 8/13/2021 (dpk). (Entered: 08/13/2021)

ORDER TO STRIKE re 31 Notices of Entry. Document submitted by non-party. Signed by Senior Judge Gary L. Sharpe on 8/13/2021. (Copy served via regular mail) (dpk) (Entered: 08/13/2021)

U.S. Postal RETURN RECEIPT - Certified Mail - received as to Rebecca Sklaney re 27 Order on Report and Recommendations, 28 Judgment served on Rebecca Sklaney. (hmr) (Entered: 08/25/2021)

NOTICE OF APPEAL as to # 27 Order on Motion for Miscellaneous Relief, Order on Report and Recommendations, by Howard Griffith. No filing fee paid. (gmd, ) (Entered: 09/03/2021)

ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals # 34 Notice of Appeal. (gmd, ) (Entered: 09/03/2021)

USCA Case Number 21-2133 for 34 Notice of Appeal filed by Howard Griffith. (nas, )

MANDATE of USCA [Issued on 12/28/2021] as to 34 Notice of Appeal filed by Howard Griffith: It is Hereby Ordered that the appeal is dismissed effective October 13, 2021 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 in 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) (Entered: 12/28/2021)

LETTER/MOTION TO SUPREME COURT - to extend time to file a document - Courtesy Copy by Howard Griffith. (Attachments: # 1 Courtesy Copy - Petition for Rehearing for Petition for Writ of Mandamus, # 2 Courtesy Copy - Petition for Writ of Prohibition, # 3 Courtesy Copy of Petition for Writ of Prohibition - Supplemental Brief, # 4 Courtesy Copy - Petition for Writ of Prohibition, # 5 Courtesy Copy - Petition for Extraordinary Writ, # 6 Courtesy Copy - Petition for Extraordinary Writ Supplemental Brief, # 7 Courtesy Copy - Petition for Rehearing for Petition for Writ of Certiorari, # 8 Courtesy Copy - Supplement for Petition for Writ of Certiorari, # 9 Courtesy Copy - Supplement for Petition for Writ of Certiorari, # 10 Cover Letter, # 11 Envelope)(hmr) (Entered: 01/04/2022)

***SEALED DOCUMENT by Howard Griffith Re: Dkt. No. 37. (hmr) (Entered: 01/04/2022)

MOTION for Leave to Appeal in forma pauperis filed by Howard Griffith. Motion returnable before Judge Glenn T. Suddaby. (egr) (Entered: 07/18/2022)

TEXT ONLY ORDER granting 39 Motion for Leave to Appeal in forma pauperis. Issued by Senior Judge Gary L. Sharpe on 3/1/2023. (Copy served via regular mail)(jel, ) (Entered: 03/01/2023)

Order on Motion for Leave to Appeal In Forma Pauperis

Supplemental Electronic Certification transmitted to US Court of Appeals re 34 Notice of Appeal (jel, ) (Entered: 03/01/2023)

Mail Returned as Undeliverable - Return to Sender - Refused - Unable to Forward - re: 40 Text Order on Motion for Leave to Appeal in forma pauperis; 41 Supplemental Electronic Certification Sent to USCA, sent to Howard Griffith Address sent to CNY PC, PO Box 300, Marcy, NY 13403. (hmr) (Entered: 03/13/2023)