Facts
- J.N. initiated a post-judgment divorce action, following a custody trial in 2020 and a financial trial in 2022, after the parties divorced on January 9, 2023 [lines="17"].
- During the marriage, T.N. was found to have abused J.N. and their three children, categorizing his behavior as domestic violence [lines="18"].
- T.N. refused direct communication with J.N., undermining co-parenting efforts and causing distress for their children [lines="19"].
- J.N. filed an emergency motion in October 2023 due to concerns for their oldest child's mental health, leading to requests for modifying T.N.'s unsupervised parenting time [lines="24-25"].
- In a hearing on July 18, 2024, T.N. was absent, despite notice of the criminal contempt proceedings concerning his violations of court orders [lines="38", "130"].
Issues
- Whether T.N. committed criminal contempt by willfully disobeying multiple court orders regarding disclosure of J.N.'s confidential documents and communication directives [lines="34"].
- Whether T.N. waived his right to defend against the criminal contempt charges by failing to appear at the hearing despite being adequately notified [lines="130"].
Holdings
- The court found T.N. guilty of criminal contempt for knowingly violating the Confidentiality Orders, Communication Order, and Custody Professionals Fee Orders, establishing his actions beyond a reasonable doubt [lines="134"].
- T.N. forfeited his defense rights by choosing not to appear at the criminal contempt hearing, which allowed the court to proceed and find him in contempt [lines="130"].
OPINION
Case Information
*1 Case 1:24-cv-03392-LTS Document 9 Filed 05/09/24 Page 1 of 2 UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
THE EXCELLENT THE EXCELLENT RAJ K.
PATEL, from all capacities,
Plaintiff,
24-CV-3392 (LTS) -against-
ORDER OF DISMISSAL THE UNITED STATES and COLUMBIA
UNIVERSITY IN THE CITY OF NEW YORK,
Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff, who is appearing pro se , filed this action on April 24, 2024. In a prior action filed by Plaintiff, the undersigned, on January 9, 2024, barred Plaintiff from filing civil actions in this court in forma pauperis without first obtaining from the court leave to file. See Patel v. Patel , ECF 1:23-CV- 8765, 17 (LTS) (S.D.N.Y. Jan. 9, 2024). In this new action, Plaintiff has filed a motion seeking leave to file this action. (ECF 4).
On May 2, 2024, Plaintiff filed a notice of voluntary dismissal (ECF No. 8), seeking to withdraw this action. The Court grants Plaintiff’s request. This action is dismissed pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. Should Plaintiff seek to refile this action, he must include a motion for leave to file the action.
CONCLUSION Plaintiff’s request (ECF No. 8) is granted. This action is voluntarily dismissed pursuant to Fed.
R. Civ. P. 41(a). Should Plaintiff refile this action, he must comply with the January 9, 2024 order barring him from filing new actions in forma pauperis without first obtaining from the court leave to file.
The Clerk of Court is directed to terminate the motions at docket numbers 4 and 6. This order closes this case.
Case 1:24-cv-03392-LTS Document 9 Filed 05/09/24 Page 2 of 2 The Court certifies under 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. Cf. Coppedge v. United States , 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue).
SO ORDERED.
Dated: May 9, 2024
New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge 2