McGill et al v. DeMarco
| James McGill, Ricardo Limage, Bryant Sheppard, Kenneth Campbell, Pierre Chandler, Russell DeFreitos, Bernard King, Andrew Bynum, Troy C. Wallace and Blake Chambers |
| Vincent F. DeMarco |
| 2:2011cv04946 |
| October 11, 2011 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R Brown, MJ |
| Joanna Seybert |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 52 Notice of Related Case as indicated on Civil Cover Sheet 15cv4143 (Shatinsky, Michael) |
| Cases associated: Create association to 2:11-cv-02602-JS-GRB. Case Consolidated. (Mahon, Cinthia) |
Filing 51
ORDER CONSOLIDATING CASES: The Court hereby ORDERS that the fifty-nine (59) above-captioned actions be consolidated for all purposes, to proceed under the lead case 11cv2602. The Clerk of the Court is directed to (i) consolidate these actions, and (ii) mark all of the member cases closed. All future filings are to be docketed in the lead case, 11cv2602. Shearman & Sterling LLPs appointment as pro bono counsel to the Plaintiffs in 11cv2602 is extended to all Plaintiffs in the Consolidated Action. Shearman & Sterling LLP is directed to file a Consolidated Amended Complaint on behalf of the Consolidated Plaintiffs by March 5, 2012. Once filed, the Consolidated Amended Complaint will supercede each of the individual complaints, rendering them of no legal effect, and will be the operative complaint upon which the Consolidated Action will proceed. Upon receipt of the Consolidated Amended Complaint, the Clerk of the Court is directed to terminate all pending in forma pauperis motions filed on the above cases. Any future actions commenced pro se by any of the Consolidated Plaintiffs shall be randomly assigned or, if one of the Consolidated Plaintiffs has previously filed a pro se complaint unrelated to the Consolidated Action, his action shall be automatically assigned to the district judge who presided over the earlier-filed action. When a pro se action which relates to the subject matter of the Consolidated Action is hereafter filed in the Court, the Clerk of the Court shall: (1) Assign each subsequently filed action a new case number to proceed before the undersigned and Mag. Judge Gary R. Brown; (2) Docket this Order in each Newly-Filed Action; (3) Consolidate each Newly-Filed Action with 11cv2602 and make an appropriate entry on the Consolidated Actions docket so indicating; (4) Mail a copy of the Complaint in each Newly-Filed Action to counsel for the Consolidated Plaintiffs at Lynch v. DeMarco Case Team; (5) Mail a copy of this Order and a copy of the Consolidated Amended Complaint to the Plaintiff in the Newly-Filed Action; and (6) Administratively close each Newly-Filed Action. Any claims raised in a Newly-Filed Action that are not raised in the Consolidated Amended Complaint shall be severed. Any Plaintiff with severed claims may proceed with those severed claims after the resolution of the Consolidated Action by moving to have their Newly-Filed Actions reopened within 30 days of the entry of judgment in the Consolidated Action. Any pending application for in forma pauperis status and for the appointment of counsel filed in Newly-Filed Actions commenced after the filing of the Consolidated Amended Complaint shall be denied without prejudice as moot with leave to renew if and when the cases are reopened. The Clerk of the Court is directed to terminate such motions as moot when the Newly-Filed cases are administratively closed. Any Plaintiff who does not wish to proceed as part of the Consolidated Action must so indicate in a letter to the Court within 30 days of receiving a copy of this Order. Upon receipt of such a letter, the Court will direct the Clerk of Court to sever that Plaintiffs Complaint from the Consolidated Amended Complaint and reopen and reinstate his individual action. Counsel for Plaintiffs shall mail a copy of this Order to each of the Consolidated Plaintiffs. So Ordered by Judge Joanna Seybert on 1/23/12. C/M by ECF. (Mahon, Cinthia)
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| Filing 50 Letter from Troy C. Wallace to Pro Se Office dated 1/8/12 Re: To advise the Court that Plaintiff has been moved to Five Points Correctional Facility. (Valle, Christine) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Joanna Seybert and Magistrate Judge Gary R. Brown for all further proceedings. Judge Sandra J. Feuerstein, Magistrate Judge William D. Wall no longer assigned to case. Ordered by Chief Judge Carol Bagley Amon on 1/11/2012. (Davis, Kimberly)
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| Filing 49 NOTICE of Change of address by Troy C. Wallace. Docket has been modified. (Florio, Lisa) |
| Filing 48 Mail Returned as Undeliverable, discharged. Mail, #40 order, sent to Ricardo Limage. (Florio, Lisa) |
| Filing 47 Mail Returned as Undeliverable. Mail, #40 order, sent to Bryant Sheppard. (Florio, Lisa) |
| Filing 46 Mail Returned as Undeliverable. Mail, #40 order, sent to Bernard King. (Florio, Lisa) |
| Filing 45 Mail Returned as Undeliverable, discharged. Mail, #40 order, sent to Russell DeFreitos. (Florio, Lisa) |
| Filing 44 Mail Returned as Undeliverable, discharged. Mail, #40 order, sent to Andrew Bynum. (Florio, Lisa) |
| Filing 43 Mail Returned as Undeliverable. Mail, #40 order, sent to James McGill. (Florio, Lisa) |
| Filing 42 Mail Returned as Undeliverable, discharged. Mail, #40 order, sent to Kenneth Campbell. (Florio, Lisa) |
| Filing 41 NOTICE of Change of address by Bernard King. Docket has been updated. (Florio, Lisa) |
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ORDER granting #2 Motion for Leave to Proceed in forma pauperis; granting #6 Motion for Leave to Proceed in forma pauperis; granting #9 Motion for Leave to Proceed in forma pauperis; granting #11 Motion for Leave to Proceed in forma pauperis; granting #13 Motion for Leave to Proceed in forma pauperis; granting #15 Motion for Leave to Proceed in forma pauperis; granting #17 Motion for Leave to Proceed in forma pauperis; granting #19 Motion for Leave to Proceed in forma pauperis; granting #21 Motion for Leave to Proceed in forma pauperis. Please see #40 order for further details. Ordered by Judge Sandra J. Feuerstein on 12/6/2011. (Glueckert, Lisa)
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Filing 40
ORDER granting #29 Motion for Leave to Proceed in forma pauperis. SO ORDERED that that plaintiffs' claims against DeMarco are dismissed with prejudice pursuant to 28 U.S.C. 1915 and 1915A for failure to state a claim unless the plaintiffs file an amended complaint alleging the personal involvement of DeMarco in the alleged constitutional deprivations within thirty (30) days from the date this Order is served upon them, and it is further, ORDERED that plaintiffs' deliberate indifference claims are sua sponte dismissed with prejudice pursuant to 28 U.S.C. 1915 and 1915A, for failure to state a claim unless the plaintiffs file an amended complaint in accordance with this order within thirty (30) days from the date this Order is served upon them. The Court certifies pursuant to 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 any appeal. CM to all the pro se plaintiffs on 12/7/2011. Ordered by Judge Sandra J. Feuerstein on 12/6/2011. (Glueckert, Lisa)
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| Filing 39 Mail Returned as Undeliverable. Mail, #26 order dismissing parties, sent to James McGill. (Glueckert, Lisa) |
| Filing 38 Notice of Related Case (Rios, Laura) |
| Filing 37 Mail Returned as Undeliverable. Mail sent to Pierre Chandler. Mail Returned to sender Housed out. Unable to forward. (Padilla, Kristin) |
| Filing 36 Mail Returned as Undeliverable. Mail sent to Andrew Bynum. Mail returned as Return To Sender. Undeliverable as Adderssed. Unable to forward. (Padilla, Kristin) |
| Filing 35 Mail Returned as Undeliverable. Mail sent to Russell DeFreitos returned. Return to sender. Undeliverable as addressed unable to forward. (Padilla, Kristin) |
| Filing 34 Mail Returned as Undeliverable. Mail sent to Kenneth Campbell returned as undeliverable. Return To Sender. (Padilla, Kristin) |
| Filing 33 Mail Returned as Undeliverable. Mail sent to Kenneth Campbell discharged, return to sender. (Brienza, Lauren) |
| Filing 32 Mail Returned as Undeliverable. Mail sent to Pierre Chandler - return to sender, housed out to Nassau County. (Brienza, Lauren) |
| Filing 31 Mail Returned as Undeliverable. Mail sent to James McGill - discharged, return to sender. (Brienza, Lauren) |
| Filing 30 Mail Returned as Undeliverable. Mail sent to Andrew Bynum - discharged, return to sender. (Brienza, Lauren) |
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Filing 26
Order Dismissing Parties: DeFreitas' allegations are duplicative of those contained in his first complaint filed under docket number 11-cv-4704. Therefore, this action is dismissed as to plff DeFreitas. DeFreitas remains free to pursue his claims in the context of the original action he filed. Party Russell DeFreitos terminated. SO ORDERED. Ordered by Judge Sandra J. Feuerstein on 10/25/2011. Copies mailed to all pro se plaintiffs. (Brienza, Lauren)
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Filing 25
ORDER : Plaintiffs are ordered not to submit any additional samples or specimens of any kind to the Court. SO ORDERED. Ordered by Judge Sandra J. Feuerstein on 10/25/2011. Copies mailed to all pro se plaintiffs. (Brienza, Lauren)
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| Filing 29 MOTION for Leave to Proceed in forma pauperis by Russell DeFreitos. (Brienza, Lauren) |
| Filing 28 Letter from Russell DeFreitas to Pro Se Clerk requesting to waive 14 day period because of facility delay in mail. (Brienza, Lauren) |
| Filing 27 Prisoner Authorization as to Troy Wallace. (Brienza, Lauren) |
| Filing 24 Letter from Pro Se Office to Plaintiffs acknowledging receipt of civil complaint. (Brienza, Lauren) |
| Filing 23 Notice of Related Case (Major, Jasmine) |
| Filing 5 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. (Major, Jasmine) |
| Filing 4 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. (Major, Jasmine) |
| Filing 22 Prisoner Authorization (Major, Jasmine) |
| Filing 21 MOTION for Leave to Proceed in forma pauperis by Andrew Bynum. (Major, Jasmine) |
| Filing 20 Prisoner Authorization (Major, Jasmine) |
| Filing 19 MOTION for Leave to Proceed in forma pauperis by Bernard King. (Major, Jasmine) |
| Filing 18 Prisoner Authorization (Major, Jasmine) |
| Filing 17 MOTION for Leave to Proceed in forma pauperis by Pierre Chandler. (Major, Jasmine) |
| Filing 16 Prisoner Authorization (Major, Jasmine) |
| Filing 15 MOTION for Leave to Proceed in forma pauperis by Kenneth Campbell. (Major, Jasmine) |
| Filing 14 Prisoner Authorization (Major, Jasmine) |
| Filing 13 MOTION for Leave to Proceed in forma pauperis by Bryant Sheppard. (Major, Jasmine) |
| Filing 12 Prisoner Authorization (Major, Jasmine) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis by Ricardo Limage. (Major, Jasmine) |
| Filing 10 Prisoner Authorization (Major, Jasmine) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis by James McGill. (Major, Jasmine) |
| Filing 8 Prisoner Authorization (Major, Jasmine) |
| Filing 7 Prisoner Authorization (Major, Jasmine) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis by Troy C. Wallace. (Major, Jasmine) |
| Filing 3 Prisoner Authorization (Major, Jasmine) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Blake Chambers. (Major, Jasmine) |
| Filing 1 COMPLAINT against All Defendants Disclosure Statement on Civil Cover Sheet completed -No,, filed by Russell DeFreitos, Bryant Sheppard, Bernard King, Troy C. Wallace, Ricardo Limage, Andrew Bynum, Kenneth Campbell, James McGill, Blake Chambers, Pierre Chandler. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Civil Cover Sheet) (Major, Jasmine) |
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