COHEN v. UNITED STATES OF AMERICA et al
| JEFFREY COHEN |
| UNITED STATES OF AMERICA, EDDIE ANDERSON, EMERY MCCOY, B. WALLS, INTEGRATED MEDICAL SYSTEMS, LLC, JOHN DOE #1 and MICHAEL FRAZIER |
| 1:2023cv03658 |
| December 6, 2023 |
| US District Court for the District of Columbia |
| Amit P Mehta |
| Prisoner Petition: Prison Condition (Other) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on December 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 8 Case transferred in from District of New York Southern; Case Number 1:23-cv-08099. Original file ,transfer order and docket sheet received. |
Filing 7
PARTIAL TRANSFER ORDER AND ORDER TO AMEND: The Clerk of Court is directed to sever the claims brought against the United States, Eddie Anderson, Emery McCoy, Integrated Medical Systems, LLC, and John Doe #1, and transfer the claims to the United States District Court for the Northern District of West Virginia. The Clerk of Court also is directed to sever the FOIA claims brought against Michael Frazier and transfer those claims to the United States District Court for the District of Columbia. Finally, the Clerk of Court is directed to terminate from this action Anderson, McCoy, Integrated Medical Systems LLC, John Doe #1, and Michael Frazier, without prejudice to Plaintiff's litigating his claims against these Defendants in the Northern District of West Virginia and the District of Columbia. The Court grants Plaintiff leave to file an amended complaint to assert claims under the FTCA regarding his incarceration at Otisville. He also is granted leave to bring claims under Section 2241. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within 60 days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 23-CV-8099 (LTS). An Amended Civil Rights Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the complaint will be dismissed under the doctrine of sovereign immunity, without prejudice to Plaintiffs filing a new action under the FTCA, following his exhaustion of his administrative remedies. The Court dismisses the FTCA claims brought against B. Walls. See 28 U.S.C. 1346(a)(1). 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. Michael Frazier (in his official capacity as BOP General Counsel), Integrated Medical Systems, LLC, Emery McCoy (in his official capacity as BOP Physician), Eddie Anderson (in his official capacity as BOP Physician) and John Doe #1 (FCI Gilmer Mailroom Supervisor during the period of December 2021 to June 2023, in his individual capacity) terminated. (Signed by Judge Laura Taylor Swain on 11/27/2023) (vfr) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 12/8/2023.]
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| CLAIMS TRANSFERRED OUT ELECTRONICALLY pertaining to United States of America, Eddie Anderson, Emery McCoy, Integrated Medical Systems, LLC, and John Doe #1 only, from the U.S.D.C. Southern District of New York to the United States District Court - Northern District of West Virginia.(vfr) [Transferred from New York Southern on 12/8/2023.] |
| CLAIMS TRANSFERRED OUT ELECTRONICALLY pertaining to Michael Frazier only, from the U.S.D.C. Southern District of New York to the United States District Court - District of Columbia. (vfr) [Transferred from New York Southern on 12/8/2023.] |
| MAILING RECEIPT: Document No: 6. Mailed to: Jeffrey Cohen Reg.58021-037 P.O. Box 1000 Otisville, NY 10963. (sha) [Transferred from New York Southern on 12/8/2023.] |
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Filing 6
ORDER: The Court directs the Finance Department of the Clerk's Office to return the $52.00 duplicate payment to Cheryl Sims at 8901 Stone Creek Pl, Apt 302, Pikesville, MD 21208. The full filing fee of $402.00 has been processed by the Finance Department. SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/20/23) (rdz) Transmission to Finance Unit (Cashiers) for processing. [Transferred from New York Southern on 12/8/2023.]
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| Filing 5 LETTER addressed to Judge Laura Taylor Swain from J. Cohen, dated 10/12/23 re: Cohen was able to procure two parties to remit the amounts due to the Court. One money order in the amount of $350 was submitted and another in the amount of $52 was submitted; each order was submitted by a separate person. It appears that the only amount being sent and issued ECF2, which ordered the return of $350 and advised a deadline to remit the full amount etc. Document filed by Jeffrey Cohen.(sc) [Transferred from New York Southern on 12/8/2023.] |
| Pro Se Payment of Fee Processed: $350.00 Check and $52.00 Money Order processed by the Finance Department on 10/11/2023 and 10/17/2023 respectively, Receipt Number 22236. (ehn) [Transferred from New York Southern on 12/8/2023.] |
| Deficient Pro Se Payment of Fee Received: Duplicate Payment of Check received by the Finance Department on 10/17/2023, in the amount of $52.00. Payment will be held by the Finance Office pending further order of the Court. (ehn) [Transferred from New York Southern on 12/8/2023.] |
| MAILING RECEIPT: Document No: 4. Mailed to: Jeffrey Cohen Reg.58021-037 P.O. Box 1000 Otisville, NY 10963. (nb) [Transferred from New York Southern on 12/8/2023.] |
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Filing 4
ORDER: Accordingly, the Court directs Plaintiff to resend the $350.00 within 30 days of the date of this order. The Finance Department shall hold the payment of $52.00. Should Plaintiff resubmit the $350.00, the Clerk's Office shall process both payments. If Plaintiff does not resubmit the $350.00, the Court shall issue an order directing the Clerks Office to return the $52.00 payment. The Clerk of Court is directed to mail a copy of this order to Plaintiff and to Cheryl Sims at 8901 Stone Creek Pl, Apt 302, Pikesville, MD 21208. SO ORDERED. Filing Fee due by 11/13/2023. (Signed by Judge Laura Taylor Swain on 10/13/2023) (sac) Transmission to Finance Unit (Cashiers) for processing. [Transferred from New York Southern on 12/8/2023.]
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| Deficient Pro Se Payment of Fee Received: Incorrect Amount received by the Finance Department on 10/11/2023, in the amount of $$52.00. Payment will be held by the Finance Office pending further order of the Court. (ehn) [Transferred from New York Southern on 12/8/2023.] |
| MAILING RECEIPT: Document No: 3. Mailed to: Jeffrey Cohen Reg.58021-037 P.O. Box 1000 Otisville, NY 10963. (sha) [Transferred from New York Southern on 12/8/2023.] |
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Filing 3
ORDER: By order dated September 22, 2023, the Court directed Plaintiff, who is incarcerated, to pay $402.00 in fees a $350.00 filing fee plus a $52.00 administrative fee or request authorization to proceed in forma pauperis ("IFP"), that is, without prepayment of the filing fee, by filing an IFP application and a prisoner authorization. The Court explained in that order that should Plaintiff submit an IFP application and prisoner authorization, and should the Court grant that IFP application, Plaintiff would only be required to pay $350.00, in installments, from his prisoner account because the $52.00 administrative fee does not apply to persons granted IFP status under 28 U.S.C. 1915. On October 3, 2023, the Clerk's Office received a payment from Plaintiff in the amount of $350.00; Plaintiff did not pay the $52.00 administrative fee. Accordingly, the Court directs the Finance Department of the Clerk's Office to return the $350.00 payment to Plaintiff. Plaintiff shall have 30 days from the date of this order to either pay $402.00 in fees, the total amount of fees, or to complete, sign, and submit the attached IFP application and prisoner authorization. No summons shall be issued at this time. If Plaintiff complies with this order, the case shall be processed in accordance with the procedures of the Clerk's Office. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed. 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 IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). SO ORDERED. Filing Fee due by 11/3/2023. In Forma Pauperis (IFP) Application due by 11/3/2023. Prisoner Authorization Form due by 11/3/2023. (Signed by Judge Laura Taylor Swain on 10/4/2023) (sac) Transmission to Finance Unit (Cashiers) for processing. [Transferred from New York Southern on 12/8/2023.]
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| Deficient Pro Se Payment of Fee Received: Incorrect Amount received by the Finance Department on 10/3/2023, in the amount of $350.00. Payment will be held by the Finance Office pending further order of the Court. (ehn) [Transferred from New York Southern on 12/8/2023.] |
| MAILING RECEIPT: Document No: 2. Mailed to: Jeffrey Cohen Reg.58021-037 P.O. Box 1000 Otisville, NY 10963. (sha) [Transferred from New York Southern on 12/8/2023.] |
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Filing 2
ORDER DIRECTING PAYMENT OF FEES OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. 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 10/23/2023. In Forma Pauperis (IFP) Application due by 10/23/2023. Prisoner Authorization Form due by 10/23/2023. (Signed by Judge Laura Taylor Swain on 9/22/2023) (sha) [Transferred from New York Southern on 12/8/2023.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(rdz) [Transferred from New York Southern on 12/8/2023.] |
| Filing 1 COMPLAINT against Eddie Anderson, John Doe #1, Michael Frazier, Integrated Medical Systems, LLC, Emery McCoy, United States of America, B. Walls. Document filed by Jeffrey Cohen. (sac) [Transferred from New York Southern on 12/8/2023.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 12/8/2023.] |
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