No. 18-7486

Frank Monte v. Cyrus R. Vance, et al.

Lower Court: Second Circuit
Docketed: 2019-01-24
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 42-usc-1983 civil-procedure civil-rights color-of-law constitutional-challenge criminal-charges due-process habeas-corpus judicial-discretion judicial-misconduct standing state-actors
Key Terms:
SocialSecurity
Latest Conference: 2019-05-09 (distributed 2 times)
Question Presented (AI Summary)

Constitutionality-of-the-entire-docket-vanishing-from-the-public-records

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Constitutionality, of the entire docket vanishing from the public records of the Supreme Court of New York, New York County. Shortly after filing the civil complaint in the district court. Tantamount to a de facto expungement. 2. Whether the district court abused its discretion by dismissing Petitioner’s complaint before any defendant’s answered the duly served summonses. 3. Whether the district court abused its discretion by certifying that any appeal taken by Petitioner would not be taken in good faith; before any defendant’s : answered the duly served summonses. 4. Constitutionality, of the district court holding a State, Judges, Prosecutors, ~ Attorneys, Doctors and Private Parties may not be liable for acts under color | of law. Even when acts are of bad faith or malice. 5. Constitutionality, of criminal charges being levied against State Actors, Judges, Prosecutors, Attorneys, Doctors and Private Parties. For acts under the color of a state “statute, ordinance, regulation, custom or usage” pursuant to: 18 U.S.C. §§ 241 and 242. By a private citizen who brings a civil action pursuant to: 42 U.S.C. §§§ 1983, 1985, and 1988, respectively. 6. Whether the court of appeals abused its discretion amending the caption in the above styled cause, to reflect the designation of duly served to reflect only Defendant. As so not to be subjected to the jurisdiction of the court of appeals, thereof. 7. Questions of constitutionality, as previously presented to this court, by application for Writ of Certiorari docket number: 16-8110. And, Writ of Habeas Corpus docket Number: 16-8663, regarding the subject matter. i

Docket Entries

2019-05-13
Rehearing DENIED.
2019-04-17
DISTRIBUTED for Conference of 5/9/2019.
2019-04-08
Petition for Rehearing filed.
2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-02-25
Brief of respondents Cyrus R. Vance, et al. in opposition filed.
2019-02-13
Waiver of right of respondent Dr. Lawrence Siegel to respond filed.
2019-01-11
Petition for a writ of certiorari before judgment and motion for leave to proceed in forma pauperis filed. (Response due February 25, 2019)

Attorneys

Cyrus R. Vance, et al.
Gregg Douglas Weinstock Jr.Vigorito, Barker, Patterson, Nichols & Porter, Respondent
Gregg Douglas Weinstock Jr.Vigorito, Barker, Patterson, Nichols & Porter, Respondent
Dr. Lawrence Siegel
Brian Edward LeeBartlett, LLP, Respondent
Brian Edward LeeBartlett, LLP, Respondent
Frank Monte
Frank Monte — Petitioner
Frank Monte — Petitioner