Moore v. City of New York et al

Filing 222

ORDER denying as moot 218 Motion. Application DENIED as moot. Plaintiff is directed to refer to the order entered at Dkt. 216. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 9/24/2024) (mml)

22cv10957
09/20/2024
Ali Moore

Application DENIED as moot. Plaintiff is directed to
refer to the order entered at Dkt. 216.
The Clerk of Court is respectfully directed to mail a
copy of this Order to the pro se Plaintiff.
Dated: September 24, 2024
New York, New York

Motion for Relief from Judgment (Rule 60(b))
Grounds for Relief:
On August 5, 2024, I was explicitly informed by the Southern District of New York that the deadline for
submitting my counter-opposition statements was August 16, 2024. This information was conveyed to me
during multiple phone conversations with the Federal Court Office and the Pro Se Clerk’s Office. I have
documented these conversations, including records and detailed notes, which reflect that I acted upon the
deadlines communicated to me at that time[ from what the evidence points to [. The misinformation
provided to me by court staff is evident and has resulted in my current inability to meet the appropriate
deadlines. The failure to meet the court’s timeline is due to excusable neglect and incorrect information[
from what the evidence points to
[ from the court’s own personnel, and not due to any
negligence or fault on my part that I can tell yet.
Evidence:
I am in possession of call records that confirm the miscommunication regarding the August 16, 2024
deadline. These phone calls lasted well beyond the automated message duration of 1 minute and 44
seconds, and I documented the exact time and content of these calls. Specifically, I made two calls on
August 5, 2024—one at 4:45 p.m. and another at 4:49 p.m.—and recorded notes at 4:52 p.m. detailing the
communication I received from court staff. I have also had several subsequent interactions with the Pro Se
Office concerning the potential removal of my Fourth Amendment protections[ from what the evidence
points to
[, and was informed that no decision had yet been made on that issue. Upon review of
my docket sheet and other documents mailed to me, I have discovered that four doctors had been
removed[
[, although they were acting as agents of law enforcement at the time. This omission,
alongside the cuff marks on my wrist, further evidences the mishandling of this matter. I have picture and
evidence
Filing a Motion for Extension of Time (if applicable):
Additionally, I was never informed that the original deadline was August 2, 2024. Nor was I made aware
of any subsequent deadline of September 4, 2024 to what the evidence points to . I have ample evidence
that I was provided with incorrect information by court staff[ from what the evidence points to [. This
miscommunication, beyond my control, has directly contributed to the delays in filing necessary
documents. I am submitting this Motion for Relief from Judgment under Rule 60(b) to rectify these errors
and seek an extension of time to appeal or respond accordingly.

Mailing and Communication Issues:
I also wish to highlight ongoing issues with mail delivery. I no longer reside at my previous address,
having relocated some time ago, but I still collect mail from the same mailbox. The volume of mail is
substantial, often causing mail to spill out of the box or be placed behind a screen door. Furthermore, my
current location is in an area where transportation is essential[
[, and due to my ongoing search
for employment in a challenging economic climate, retrieving my mail consistently has been difficult.
Wind and environmental factors exacerbate these issues, frequently displacing important correspondence.
Additionally, I have been dealing with theft issues at my residence, which have been well-documented
and coincided with these mail disruptions. Moreover, my phone has experienced malfunctions, which I
had previously reported, and I sent a link regarding this matter to Judge Scholfield via email. I remain in
the dark regarding crucial developments in my case, including whether the Fourth Amendment
protections have been removed for hospital staff. This removal should not occur, as they acted as agents of
law enforcement. I am unaware of any decisions made on this issue and am filing this motion to ensure I
can appeal any ruling within the 30-day window if necessary.
Ongoing Miscommunication and Lack of Legal Assistance:
I am self-represented and have a lack of legal experience, which has been compounded by the
misinformation I have received from court staff. This misinformation, documented in my records, has
severely impacted my ability to navigate my legal matters. The court has referred me to various legal
agencies, none of which have provided access to civil attorneys or legal advice. Calls to these agencies
often go unanswered, and despite leaving multiple voicemail messages, I have not received any follow-up
responses.
Updated Address and Additional Issues:
Regarding my case with the Southern District Court of New York, I now reside at a new address and will
provide proof that I have not lived at my previous location for some time. I consistently contact the Pro Se
Office or Clerk’s Office to stay updated on my case status. However, I prefer not to disclose all details on
the docket sheet. Notably, in connection with my ongoing theft issues, three of my Apple trackers have
gone missing. Furthermore, there have been persistent issues with mail distribution in my current and
former communities, where mail is frequently misdelivered to other residents. As a result, I rely heavily
on the Clerk’s Office and Pro Se Office for accurate information regarding my cases[
].
In light of these facts, I respectfully request relief from judgment and seek an extension of time to
properly address the issues and protect my rights.