Nieves v. Farber
- Lewis Liman
- 1:20-cv-00990
- U.S. District Court · Southern District of New York
- 3
Nieves v. Meagher: Judge Liman continued the stay and denied Nieves’s reconsideration motion concerning earlier rulings.
Michael Nieves, who represented himself, was affected by the continued stay and the denial of his motion for reconsideration. The defendants were required to provide a status update by March 1, 2021.
What happened
In Michael Nieves v. Phillip Meagher, et al., the defendants reported that Nieves’s underlying criminal case was still pending and that his appeal was pending in the Second Circuit. The defendants asked the court to continue staying the federal case.
The court ordered that the case remain stayed until March 1, 2021. It also ordered a defendant to file a status letter by that date about this case and Nieves’s underlying criminal action.
Judge Lewis J. Liman denied Nieves’s motion for reconsideration because Nieves had not identified matters or controlling decisions the court had overlooked that could change its earlier rulings. The court directed the Clerk to close docket numbers 27 and 30 and noted that the complaint’s exhibit would remain restricted because it appeared to contain non-parties’ birth-date information.
The detailed version
- Nieves v. Farber · No. 1:20-cv-00990
- Lewis Liman
- Dec. 3, 2020
Background
A City of New York attorney reported that Nieves’s underlying criminal proceeding was still ongoing. The letter also reported that Nieves had appealed several earlier decisions, including decisions staying this federal case and the denial of habeas relief, and that the appeal was pending in the United States Court of Appeals for the Second Circuit. The defendants requested that the stay continue while the criminal proceeding and appeal remained pending.
The court also addressed Nieves’s motion for reconsideration. The motion sought reconsideration of earlier orders that stayed the case, dismissed Individual Defendants Curtis J. Farber, Cyrus R. Vance, Jr., and Brandon Riddle, denied preliminary injunctive relief, and denied without prejudice Nieves’s request for appointment of counsel. The opinion does not identify the contents of docket number 30.
Rulings
Judge Lewis J. Liman ordered that the case be stayed until March 1, 2021. The court further ordered a defendant to file a letter by that date informing the court about the status of this case and Nieves’s underlying criminal action.
The court denied Nieves’s motion for reconsideration. Applying Local Civil Rule 6.3, the court stated that Nieves had not identified matters or controlling decisions that the court had overlooked and that might reasonably be expected to alter its conclusions. The court also directed the Clerk to close docket numbers 27 and 30.
Access to the Filing
The court noted that the case’s status had been changed from restricted to unrestricted at Nieves’s request. Exhibit 1 to the complaint remained restricted because it appeared to contain birth-date information belonging to non-parties. The Clerk was directed to mail a copy of the order to Nieves.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.