734 Rutland Avenue
Teancek, NJ 07666
February 9, 2011
Judge Richard J. Holwell
United States District Court
Southern District of New York
500 Pearl Street
New York, NY 10007
Re: Heicklen v. U. S. Department of Homeland Security et al.
Dear Judge Holwell:
In an earlier
communication you issued an ORDER that I was not to write to you.
However the other litigants do write to you. I am entitled to
equal treatment, so I am ignoring your ORDER so that I will be treated
equally with the other litigants.
Plaintiff's Brief: Submittded January 27, 2010
Non-Receipt Notice to Court: April 28, 2010
Service Papers to court: Due date after June 11,2010; submitted June
11, 2010; Days Late, none
Defense Response: Due date; September 6, 2010;FRCP Rule
12(a)(1)(A)(ii); Submitted January 31, 2011; Days Late: 147 each
Plaintiff Reply; March 2. 2011
Disclosure: Due Date June 25, 2010;FRCP 7.1(b)(1), 26(a)(1)(A)(i),
26(a)(1)(C); Not submitted February 9, 211: Days Late >206
The table above gives times due for disclosure and
pleadings. Full disclosure must be made within 14 days after
service [FRCP Rules 7.1(b)(1), 26(a)(1)(A)(i), and
26(a)(C)]. Nothing is required of Plaintiff to effect this
action. The federal defendants have complied. The other
Defendants have not. Furthermore Plaintiff has asked the other
defendants 3 times to provide names for their respective John Doe
Defendants. Has also asked the judge to order Defendants to
comply both by mail and motion paper submissions. There has been
no response from the Defendants or the Judges.
The defendants are required to submit response
briefs within 60 days. Both the federal and NY City Defendants
filed their very lengthy pleas on January 31, 2011 (147 days late with
permission). Plaintiff has been ordered to reply to both by March
This is impossible for Plaintiff to do. Both
the federal and New York City defendants have large government law
firms to prepare briefs. Defendant has only himself.
Furthermore, Plaintiff is not an attorney, and is not familiar with
many of the laws and court decisions. It will require some time
for Plaintiff to read and study these documents. To further
complicate matters. Plaintiff has an extensive other life. For
example, he will be away from home on the following dates:
2/9–13 Washington, DC
2/16–17 Harrisburg, PA
3/7–15 Southern FL
3/16–18 Louisville, KY
3/19–20 Tampa, FL
3/21–22 southern FL
4/7–10 Stateline, NV
4/11–16 Southern CA
reply time for a plaintiff is 1/2 the time for defendant’s
response. By this standard, Plaintiff is entitled to 103-1/2 days
to reply to each defendant’s response (207 days total).
Plaintiff will need a minimum of 120 days, excluding any time that he
is incarcerated. Currently there may be as many as 3 warrants for
his arrest. In likelihood there will be additional illegal
arrests in the next few months, which will require a lengthening of the
To complicate matters even further, the
Defendants’ responses only address 6 of the 12 arrests in
Plaintiff’s proposed expanded complaint. Plaintiff cannot prepare
the expanded complaint until he receives the names of the John Doe
Defendants and address where each can be served.
The necessary order of business is:
The Court should properly serve Bellevue Medical Center to correct its
The names and contact addresses of all the John Doe defendants must be
given to Plaintiff.
Plaintiff will prepare a new complaint which includes all 12 incidents.
Plaintiff will again serve all named Defendants with the addition of
the John Doe Defendants and Michael Bloomberg, Mayor of New York
City. New York City Hospital and Saint Vincent’s Catholic
Hospital and their named employees will be included as Defendants.
Defendants should be allowed to expand their responses to include all
Plaintiff will then prepare a reply (or replies) to all the
Thank you for your expected cooperation.
Counsel Pro Se
CC: James L. Cott, U. S. Magistrate Judge, U. S. District Court,
Southern District of New York, U. S. Courthouse, 500 Pearl Street, New
York, NY 10007
Louis A. Pellegrino, Assistant U. S. Attorney, 86 Chambers Street, 3rd
Floor, New York, NY 10007, 212–637–2689
Lesley Berson, Assistant Corporation Counsel, The City of New York, Law
Department, 100 Church Street, New York, NY 10007,
Pro Se Clerk, Room 230, U. S. District Court, Southern District of New
U. S. Courthouse, 500 Pearl Street, New York, NY 10007