The court denied the plaintiff's request for an immediate injunction against Columbia University. The plaintiff had been temporarily suspended from Columbia after being charged with a violent felony at another university. The court found that the plaintiff did not show a likelihood of success on the merits, since universities are allowed to discipline students for misconduct resulting from disabilities. The court ordered that the plaintiff must provide paperwork within 30 days to allow the U.S. Marshals Service to serve the defendants. If the plaintiff does not do so, the case may be dismissed for failure to prosecute.
Original Description:
Court Order from Sept. 10 re Theo Milonopoulos lawsuit
The court denied the plaintiff's request for an immediate injunction against Columbia University. The plaintiff had been temporarily suspended from Columbia after being charged with a violent felony at another university. The court found that the plaintiff did not show a likelihood of success on the merits, since universities are allowed to discipline students for misconduct resulting from disabilities. The court ordered that the plaintiff must provide paperwork within 30 days to allow the U.S. Marshals Service to serve the defendants. If the plaintiff does not do so, the case may be dismissed for failure to prosecute.
The court denied the plaintiff's request for an immediate injunction against Columbia University. The plaintiff had been temporarily suspended from Columbia after being charged with a violent felony at another university. The court found that the plaintiff did not show a likelihood of success on the merits, since universities are allowed to discipline students for misconduct resulting from disabilities. The court ordered that the plaintiff must provide paperwork within 30 days to allow the U.S. Marshals Service to serve the defendants. If the plaintiff does not do so, the case may be dismissed for failure to prosecute.
THEO MILONOPOULOS, Plaintiff, -against- TRUSTEES OF COLUMBIA UNIVERSITY; ANDREA SOLOMON, SENIOR ASSOCIATE DEAN FOR ACADEMIC ADMINISTRATION; DARICE BIRGE, ASSISTANT DEAN OF STUDENTS; CARLOS ALONSO, DEAN, GRADUATE SCHOOL OF ARTS AND SCIENCES; THOMAS TARDUOGNO, DIRECTOR OF FINANCIAL AID; DEIDRE FUCHS, DIRECTOR OF INVESTIGATIONS, DEPARTMETN OF PUBLIC SAFETY; ALLAN CASSORLA, DIRECTOR, COUNSELING AND PSYCHOLOGICAL SERVICES; KARIMI MAILUTHA, PSYCHIATRIST, COUNSELING AND PSYCHOLOGICAL SERVICES, Defendants. 14-CV-7241 (VSB) ORDER OF SERVICE VERNON S. BRODERICK, United States District J udge: By order dated September 8, 2014, the Court granted Plaintiffs request to proceed without prepayment of fees, that is, in forma pauperis. For the reasons set forth below, the Court denies Plaintiffs request for an order to show cause why he should not be granted immediate injunctive relief. The Court directs service on Defendants. STANDARD OF REVIEW The Court must dismiss an in forma pauperis complaint, or portion thereof, that is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. 1915(e)(2)(B); see 9/10/2014 Case 1:14-cv-07241-VSB Document 7 Filed 09/10/14 Page 1 of 4 2
Livingston v. Adirondack Beverage Co., 141 F.3d 434, 437 (2d Cir. 1998). While the law mandates dismissal on any of these grounds, the Court is obliged to construe pro se pleadings liberally, Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009), and interpret them to raise the strongest [claims] that they suggest, Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474-75 (2d Cir. 2006) (internal quotation marks and citations omitted) (emphasis in original). DISCUSSION Order to Show Cause A preliminary injunction or temporary restraining order will be granted if the moving party shows that he will suffer irreparable harm absent injunctive relief and either (1) that he is likely to succeed on the merits of his claim; or (2) that there are sufficiently serious questions going to the merits to make them fair ground for litigation, and that the balance of hardships tips decidedly in favor of the moving party. Id. (citing Wright v. Giuliani, 230 F.3d 543, 547 (2d Cir. 2000)). Such relief . . . is an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion. Moore v. Consol. Edison Co. of N.Y., Inc., 409 F.3d 506, 510 (2d Cir. 2005) (internal quotation marks and citation omitted). Plaintiff alleges that Columbia University temporarily suspended him and instituted disciplinary proceedings after learning that he had been charged with a violent felony on a university campus in California. (Compl. at 24-25.) He asks this Court to enjoin Columbia University from enforcing this interim suspension. (Pl. Unsigned Order to Show Cause (ECF No. 3) at 2.) The A[mericans with] D[isabilities] A[ct] and the Rehabilitation Act permit [a university] to discipline a student even if the students misconduct is the result of disability. Tylicki v. St. Onge, 297 Fed. Appx 65, 67 (2d Cir. 2008). Plaintiff thus fails to carry his burden Case 1:14-cv-07241-VSB Document 7 Filed 09/10/14 Page 2 of 4 3
of showing that he is likely to succeed on the merits of his claim. The Court therefore denies Plaintiffs request for an order to show cause. Service on Defendants To allow Plaintiff to effect service on Defendants through the U.S. Marshals Service, the Clerk of Court is instructed to send Plaintiff one U.S. Marshals Service Process Receipt and Return form (USM-285 form) for each Defendant. Within thirty days of the date of this order, Plaintiff must complete a USM-285 form for each Defendant and return those forms to the Court. If Plaintiff does not wish to use the Marshals Service to effect service, Plaintiff must notify the Court in writing within thirty days of the date of this order and request that a summons be issued directly to Plaintiff. If within thirty days, Plaintiff has not returned the USM-285 forms or requested a summons, under Rule 41(b) of the Federal Rules of Civil Procedure, the Court may dismiss this action for failure to prosecute. Upon receipt of each completed USM-285 form, the Clerk of Court shall issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon each Defendant. No matter what method of service Plaintiff chooses, Plaintiff must effect service within 120 days of the date the summons is issued. It is Plaintiff=s responsibility to inquire of the Marshals Service as to whether service has been made and if necessary, to request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012). If within 120 days of issuance of the summons, Plaintiff has not made service or requested an extension of time in which to do so, under Rules 4(m) and 41(b) of the Federal Rules of Civil Procedure, the Court may dismiss this action for failure to prosecute. Finally, it is Plaintiff=s obligation to promptly submit a written notification to the Court if Plaintiff changes his address, and the Court may dismiss the action if Plaintiff fails to do so. Case 1:14-cv-07241-VSB Document 7 Filed 09/10/14 Page 3 of 4 4
CONCLUSION The Court denies Plaintiffs request for an order to show cause (ECF No. 3). The Clerk of Court is instructed to send Plaintiff one USM-285 form for each Defendant so that Defendants may be served. 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 an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. Dated: September 10, 2014 New York, NY
Case 1:14-cv-07241-VSB Document 7 Filed 09/10/14 Page 4 of 4
Corrupt Jackson Lewis Attorneys Respond to Appellant's Docketing Statement that clearly demonstrates their collusion with court staff and fraud upon the court. These attorneys should not even be allowed to stand bar for a cocktail.
Joseph Stone, Intervening v. Paul Philbrook, Individually and As Commissioner of The Vermont Department of Social Welfare, 528 F.2d 1084, 2d Cir. (1975)
Mark Allen v. Joe Lucero, Individually and in His Capacity as Sheriff in Fremont County, Wyoming John S. Coppock, AKA Jack Coppock, Individually and in His Capacity as Undersheriff in Fremont County, Wyoming Fremont County, Wyoming, by and Through Its Board of County Commissioners, 43 F.3d 1482, 10th Cir. (1994)
44 Fair empl.prac.cas. 1419, 44 Empl. Prac. Dec. P 37,406 Albert P. Bruno, Plaintiff-Appellee/cross-Appellant v. Western Electric Company, Defendant-Appellant/cross-Appellee, 829 F.2d 957, 10th Cir. (1987)