Lucas v. New York City Department Of Corrections et al
| Leon Lucas |
| New York City Department Of Corrections and Cynthia Brann |
| 1:2019cv09974 |
| October 21, 2019 |
| US District Court for the Southern District of New York |
| George B Daniels |
| Colleen McMahon |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on October 28, 2021. A more recent docket listing may be available from PACER.
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Filing 11
NOTICE OF APPEARANCE by Jeffrey Scott Dantowitz on behalf of Cynthia Brann. (Dantowitz, Jeffrey)
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Filing 10
WAIVER OF SERVICE RETURNED EXECUTED. Cynthia Brann waiver sent on 12/6/2019, answer due 2/4/2020. Document filed by Cynthia Brann. (Maginley-Liddie, Lynelle)
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Filing 9
INFORMATION PACKAGE MAILED to Leon Lucas NYSID: 11818691J B&C No. 2411903388, at North Infirmary Command 15-00 Hazen Street East Elmhurst, NY 11370, on 11/25/2019 Re: #7 Order of Service via REGULAR MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (bwa)
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Filing 8
PRO SE PRETRIAL: Pro se Plaintiff and counsel for all parties are hereby notified that this case is referred to Magistrate Debra C. Freeman, for the purposes of Case Management and Scheduling pursuant to Federal Rule Civil Procedure 16. You are directed to furnish all attorneys in this action with copies of this order and enclosures. If you are unaware of the identity of counsel for any of the parties, you must send a copy of the notice and rules to that party personally, as further set forth in this order. (Signed by Judge George B. Daniels on 11/21/2019) (jwh)
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Filing 7
ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Court dismisses Plaintiffs claims against the New York City Department of Correction because this entity cannot be sued in the name of the agency. The Clerk of Court is directed to electronically notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that Defendant DOC Commissioner Cynthia Brann waive service of summons. 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). (Waiver of Service due by 12/23/2019. New York City Department Of Corrections terminated.) (Signed by Judge George B. Daniels on 11/21/2019) (jwh) Transmission to Pro Se Assistants for processing.
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Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (bcu)
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NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Colleen McMahon is no longer assigned to the case. (bcu)
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Filing 5
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: Plaintiff's application for leave to proceed without prepayment of fees is granted. A prisoner bringing a civil action is required to pay the full $350 filing fee even when proceeding in forma pauperis (IFP), that is, without prepayment of fees.... The Court must collect, when funds exist in a prisoner's account, an initial partial filing fee plus monthly payments.The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. The Clerk of Court is also directed to send a copy of this order to Plaintiff and note service on the docket. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Colleen McMahon on 11/19/2019) (va) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #5 Order Granting IFP Application in Prisoner Case, to Leon Lucas NYSID: 11818691J B&C No. 2411903388 North Infirmary Command 15-00 Hazen Street East Elmhurst, NY 11370; The Superintend Leon Lucas North Infirmary Command 15-00 Hazen Street East Elmhurst, NY 11370. (vba)
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Filing 4
APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Leon Lucas.(sc)
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Filing 3
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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 an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 11/29/2019. In Forma Pauperis (IFP) Application due by 11/29/2019. (Signed by Judge Colleen McMahon on 10/29/2019) (Attachments: #1 IFP Application)(keb) Transmission to Docket Assistant Clerk for processing.
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (bcu)
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Mailed a copy of #3 Order Directing Payment of Fee or IFP Application, to Leon Lucas NYSID: 11818691J B&C No. 2411903388 North Infirmary Command 15-00 Hazen Street East Elmhurst, NY 11370. (aea)
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Filing 2
PRISONER AUTHORIZATION. Document filed by Leon Lucas. (sac)
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Filing 1
COMPLAINT against Cynthia Brann, New York City Department Of Corrections. Document filed by Leon Lucas. (sac)
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Case Designated ECF. (sac)
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