Tineo-Santos v. Piccolo

Background

On December 5, 2022, the court denied Tineo-Santos’s request for more time to seek reconsideration of a motion to amend. The court also directed the Clerk of Court to provide requested records under standard practices and denied without prejudice his request for more time to file a motion under Federal Rules of Civil Procedure 59 and 60 concerning the September 14, 2022 judgment, because an appeal was pending.

On December 28, 2022, after receiving additional letters from Tineo-Santos, the court granted his request for a docket sheet and denied his request for relief under Rule 60, again because of the pending appeal. Tineo-Santos then filed two more letters. One again sought relief from the September 14, 2022 judgment under Rule 60, a rule that allows a party to seek relief from a judgment or order. The other requested all documents entered in the case from January 1, 2023, through the date of the request.

Rulings

The court denied Tineo-Santos’s request for Rule 60 relief without prejudice. It relied on the reasons stated in its December 5 and December 28 orders and explained that it would not—and could not—decide issues involved in the pending appeal. The court warned that if Tineo-Santos filed additional repetitive challenges to the September 14, 2022 Opinion and Order before the Second Circuit resolved the appeal, it would direct him to show cause, meaning explain why, an order barring future filings without first obtaining the court’s permission should not be entered. The court did not enter that filing restriction in this order.

The court granted Tineo-Santos’s request for a copy of the documents. It directed the Clerk of Court to provide him with a copy of the docket sheet according to standard practices and noted that the Clerk may already have processed the request. The Clerk was also directed to send Tineo-Santos a copy of this order at the address of record.