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Nella Manko v. Marsha L. Steinhardt

January 24, 2012

NELLA MANKO, PLAINTIFF,
v.
MARSHA L. STEINHARDT, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS JUDGE OF THE SUPREME COURT OF KINGS COUNTY; FITZSIMMONS, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS CLERK OF THE SUPREME COURT OF KINGS COUNTY; WARREN GLASER, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY A LAW SECRETARY OF THE SUPREME COURT OF KINGS COUNTY; EILEEN MCLOUGHLIN, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS COURT REPORTER OF THE SUPREME COURT OF KINGS COUNTY; BRUCE M. BALTER, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS JUDGE OF THE SUPREME COURT OF KINGS COUNTY; SUSAN K. WRIGHT, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS COURT REPORTER OF THE SUPREME COURT OF KINGS COUNTY; KINGS COUNTY SUPREME COURT OF THE STATE OF NEW YORK, ADMINISTRATIVE JUDGE, INDIVIDUALLY AND IN HER/HIS OFFICIAL CAPACITY AS ADMINISTRATIVE JUSTICE OF THE SUPREME COURT OF KINGS COUNTY; KINGS COUNTY CLERK'S OFFICE; NANCY T. SUNSHINE, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS CLERK OF THE KINGS COUNTY CLERK'S OFFICE; ANNA R. SCHWARTZ, ESQ., IN HER INDIVIDUAL AND PROFESSIONAL CAPACITIES; ANTHONY LUGARA, ESQ., IN HIS INDIVIDUAL AND PROFESSIONAL CAPACITIES; JOSHUA R. COHEN, ESQ., IN HIS INDIVIDUAL AND PROFESSIONAL CAPACITIES; GARSON DECORATO & COHEN, LLP, IN ITS INDIVIDUAL AND PROFESSIONAL CAPACITIES; GARSON GERSPACH DECORATO & COHEN, LLP, IN ITS INDIVIDUAL AND PROFESSIONAL
CAPACITIES; LAW OFFICES OF DAVID GABAY, IN ITS INDIVIDUAL AND PROFESSIONAL CAPACITIES; DAVID A. GABAY, ESQ., IN HIS INDIVIDUAL AND PROFESSIONAL CAPACITIES; BERNARD H. BROOME, ESQ., IN HIS INDIVIDUAL AND PROFESSIONAL CAPACITIES; LAW OFFICE OF BERNARD H. BROOM, PLLC., DEFENDANTS.



The opinion of the court was delivered by: Matsumoto, United States District Judge:

MEMORANDUM AND ORDER

On October 31, 2011, pro se plaintiff Nella Manko filed this action*fn1 pursuant to 42 U.S.C. §§ 1983, 1985, 1986 and 1988, alleging that Marsha L. Steinhardt, individually and in her official capacity as Judge of the Supreme Court of Kings County; Fitzsimmons,*fn2 "individually and in his official capacity as Clerk of the Supreme Court of Kings County"; Warren Glaser, individually and in his official capacity as a Law Secretary of the Supreme Court of Kings County; Eileen McLoughlin, individually and in her official capacity as Court Reporter of the Supreme Court of Kings County; Bruce M. Balter, individually and in his official capacity as Judge of the Supreme Court of Kings County; Susan K. Wright, individually and in her official capacity as Court Reporter of the Supreme Court of Kings County; the Kings County Supreme Court of the State of New York; a person referred to as "Administrative Judge," individually and in her/his official capacity as Administrative Justice of the Supreme Court of Kings County; the Kings County Clerk's Office; Nancy T. Sunshine, individually and in her official capacity as Clerk of the Kings County Clerk's Office; Anna R. Schwartz, Esq., "in her individual and professional capacities"; Anthony Lugara, Esq., "in his individual and professional capacities"; Joshua R. Cohen, Esq., "in his individual and professional capacities"; Garson Decorato & Cohen, LLP, "in its individual and professional capacities"; Garson Gerspach Decorato & Cohen, LLP "in its individual and professional capacities"; the Law Offices of David A. Gabay, "in its individual and professional capacities"; David A. Gabay, Esq., "in his individual and professional capacities"; Bernard H. Broome, Esq., "in his individual and professional capacities; and the Law Office of Bernard H. Broome, PLLC (collectively "defendants"), violated her constitutional rights during the course of her state court medical malpractice action, Kings County Supreme Court Index Number 30972/2004, and related state court actions (collectively "State Court Actions"). (See generally ECF No. 1, Complaint ("Compl.").) Plaintiff also asserts fraud and tort claims against defendants under state law. (See id. ¶¶ 111--134.)

Plaintiff seeks an injunction ordering Judges Steinhardt and Balter to recuse themselves in the State Court Actions; reversal, annulment and vacatur of any orders entered by Judges Steinhardt or Balter in the State Court Actions; and punitive and "actual, general, special [and] compensatory damages." (Id. at 36--37.*fn3

By Memorandum and Order dated November 28, 2011, this court denied plaintiff's request to proceed in forma pauperis; directed plaintiff to pay the $350 filing fee; and informed her that, even if she paid the fee, the action would be dismissed. (See ECF No. 3, Memorandum and Order dated 11/28/2011.) On December 9, 2011, plaintiff paid the filing fee.

On December 23, 2011, plaintiff moved for an order directing the United States Marshals Service to serve the summons and complaint upon defendants. (See ECF No. 5.) On January 5, 2012, plaintiff moved for access to the "interactive court system: 'PACER.'" (See ECF No. 6.) Plaintiff served process on defendants Garson Decorato & Cohen, LLP and Garson Gerspach Decorato & Cohen, LLP on January 10, 2012 (see ECF Nos. 7-8) and on January 23, 2012, defendants Joshua Cohen, Anna Schwartz, Anthony Lugara and Garson DeCorato & Cohen, LLP moved for a pre-motion conference in advance of their anticipated motion to dismiss. (See ECF No. 9.) On the same day, plaintiff filed two motions for an "emergency order to show cause for the United States Marshals Service to effect service of process" on the remaining defendants.

For the reasons stated in the court's November 28, 2011 Order and repeated below, the court dismisses the complaint in its entirety and denies as moot the parties' outstanding motions.

BACKGROUND

Plaintiff's complaint sets forth the following seven "counts," or claims, against defendants:

(1) a claim pursuant to 42 U.S.C. § 1983 ("Section 1983") against defendants Steinhardt, Fitzsimmons, Warren, Glaser, Mcloughlin, Balter, Wright, Kings County Supreme Court of the State of New York, Administrative Judge, Kings County Clerk's Office, and Sunshine;

(2) a claim pursuant to 42 U.S.C. § 1983 against the attorneys and law firms named in the complaint;

(3) a conspiracy claim pursuant to 42 U.S.C. §§ 1983 and 1985(3) ("Section 1985") against the attorneys and law firms named in the complaint;

(4) a claim of "fraud by omission or nondisclosure" against all defendants;

(5) a "common law conspiracy" claim against all defendants;

(6) a claim of negligent infliction of emotional distress against all defendants; and

(7) a claim of intentional infliction of emotional distress against all defendants. (See ...


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