Sowell et al v. Annucci et al
| Male Randy Sowell and D.D.S.S. |
| NYSDOCCS Anthony J. Annucci, NYDC Commissioner Cynthia Brann, PHIL MURPHY, LETITIA JAMES, Stephanie Simeon, Sharon Lynch, SPO Hubert Brown, Elizabeth Hayden, Legal Aid Society, Public Assistance Office - Manhattan, Cape May Courthouse, New York City Housing Auth. - Albany Houses, Officer Guzman, Katherine Weigel, Esq., New York City Dept. of Corr. & Community Supervision, Dept. of Homeless Services, Emily Buonadonna, Dep. Warden Leiter, OFFICER CARUSO, Megan Donnovan, Esq., Nyc Police Dept., Dep. Warden Harvey, Eric Shenkus, Esq., Captain Kelly, Anthony J. Annucci and Capt. Smart |
| 1:2023cv03532 |
| June 30, 2023 |
| US District Court for the District of New Jersey |
| Renee Marie Bumb |
| Matthew J Skahill |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 28, 2023. A more recent docket listing may be available from PACER.
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Filing 14
Notice of Guidelines for Appearing Pro Se (ssp, )
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Filing 13
Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:22-cv-06538. Original file certified copy of transfer order and docket sheet received.
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Chief Judge Renee Marie Bumb and Magistrate Judge Matthew J. Skahill added. (dmw, N.M.)
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MAILING RECEIPT: Document No: 12. Mailed to: Randy A. Sowell B&C#3492201455 One Halleck Street Bronx, NY 10474. (kh)
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Filing 12
ORDER OF DISMISSAL: The Court dismisses this action for failure to state a claim, seeking monetary relief from defendants that are immune from such relief, and for lack of subject matter jurisdiction. See 28 U.S.C. 1915(e)(2)(B)(ii)-(iii); Fed. R. Civ. P. 12(h)(3). All other pending matters in this case are terminated. The Court grants Plaintiff 60 days' leave to replead two of his false imprisonment claims in a second amended complaint. Plaintiff must submit the second amended complaint to this Court's Pro Se Intake Unit within 60 days of the date of this order, caption the document as a "Second Amended Complaint," and label the document with docket number 22-CV-6538 (LTS). A Second Amended Civil Rights Complaint form is attached to this order. If Plaintiff fails to file a second amended complaint within the prescribed time and he cannot show good cause for such failure, the Court will enter judgment dismissing the action for failure to state a claim on which relief many be granted, 28 U.S.C. 1915(e)(2)(B)(ii), and declining to exercise supplemental jurisdiction of any state law claims Plaintiff may be asserting, 28 U.S.C. 1367(c)(3). 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. (Signed by Judge Laura Taylor Swain on 6/26/2023) (sac)
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MAILING RECEIPT: Document No: 11. Mailed to: Randy A. Sowell B&C#3492201455 One Halleck Street Bronx, NY 10474. (ok)
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PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Eric Shenkus, Megan Donnovan, Kathrin S. Weigel, Emily Buonadonna, and the Cape May Courthouse only, from the U.S.D.C. Southern District of New York to the United States District Court - District of New Jersey.(rdz)
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Filing 11
ORDER: The Court severs, under Rule 21 of the Federal Rules of Civil Procedure, Plaintiff's unrelated claims from this action. The Clerk of Court is directed to transfer Plaintiff's claims against Eric Shenkus, Megan Donnovan, Kathrin S. Weigel, Emily Buonadonna, and the Cape May Courthouse to the United States District Court for the District of New Jersey under 28 U.S.C. 1406(a). The Clerk of Court is also directed to open three new separate civil actions naming the following defendants, respectively: (1) Captain Kelly, Officer Guzman, Deputy Warden Harvey, Officer Caruso, Captain Smart, Deputy Warden Leiter, and the New York City Department of Correction; (2) the New York City Department of Homeless Services; and (3) the New York City Police Department and the Public Assistance Office 14th Street. The present action will proceed only against Anthony Annucci, Cynthia Brann, Hubert Brown, the New York State Department of Corrections and Community Supervision, the New York City Department of Correction, and the New York City Housing Authority Albany Houses. 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. (Signed by Judge Laura Taylor Swain on 6/22/23) (rdz) Transmission to Office of the Clerk of Court for processing.
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Filing 10
PRO SE MEMORANDUM, dated 5/26/23 re: CHANGE OF ADDRESS for Randy A. Sowell. New Address: B&C#3492201455, Vernon Bain Center, 1 Halleck Street, Bronx, NY, 10474. (sc)
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Filing 9
LETTER addressed to Judge Laura Taylor Swain from R. Sowell, dated 3/20/23 re: I am writing you to inform the Court that I now reside at the following: B&C#3492201455, 18-18 Hazen Street, E. Elmhurst, NY 11370. Note: I would like to know how to proceed since I have not yet submitted my exhibits which support the claim.. Document filed by Randy A. Sowell.(sc)
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Filing 8
AMENDED COMPLAINT against Anthony J. Annucci, Cynthia Brann, Hubert Brown, Emily Buonadonna, Cape May Courthouse, Officer Caruso, Dept. of Homeless Services, Megan Donnovan, Esq., Officer Guzman, Dep. Warden Harvey, Captain Kelly, Dep. Warden Leiter, NYC Police Dept., New York City Dept. of Corr. & Community Supervision, New York City Housing Auth. - Albany Houses, Public Assistance Office - Manhattan, Eric Shenkus, Esq., Katherine Weigel, Esq., Re: amending 2 Complaint.Document filed by Randy A. Sowell. Related document: 2 Complaint.(sc) Modified on 2/14/2023 (sc).
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Filing 7
LETTER addressed to Judge Laura Taylor Swain from R. Sowell, dated 1/26/23 re: As I have been provided with newly discovered evidence and details pertaining to this matter, I would like to remove the following defendants from my claim: NYPD Commissioner Keechant Sewell, New York State Attorney General Letitia James, New Jersey Governor Phil Murphy, Parole Officer Stephanie Simon, Parole Officer Sharon Lynch and the Legal Aid Society etc. Document filed by Randy A. Sowell.(sc)
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MAILING RECEIPT: Document No: 6. Mailed to: Randy A. Sowell B&C#3492201455 One Halleck Street New York, NY 10474. (dsh)
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Filing 6
ORDER TO AMEND: Because Plaintiff's complaint (ECF 2) includes a minor child's full name, the Clerk of Court is directed to: (1) remove all references to the minor childs full name on the docket of this action; (2) list the child on the docket as "D.D.S.S."; and (3) limit electronic access to the complaint (ECF 2) to a "case-participant only" basis. The Court dismisses without prejudice all claims asserted on behalf of D.D.S.S. The Court also dismisses Plaintiff's official-capacity claims against DOCCS Acting Commissioner Annucci, Governor Murphy, and Attorney General James as barred under the Eleventh Amendment. See 28 U.S.C. 1915(e)(2)(B)(iii). Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 22-CV-6538 (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 for failure to state a claim upon which relief may be granted. 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. 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. (Signed by Judge Laura Taylor Swain on 1/13/23) (rdz)
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Pro Se Payment of Fee Processed: $38.00 Check processed by the Finance Department on 1/6/2023, Receipt Number 10762. (prs)
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Filing 5
LETTER addressed to Judge Laura Taylor Swain from R. Sowell dated 12/2/22 re: The following address is where I currently reside under the care and custody of the New York City Department of Corrections: B&C # 3492201455, Vernon C. Bain Center, 1 Halleck Street, Bronx, NY 10474. In addition, I request permission to amend my claim/petition as a result of new information and/or evidence which I need to substantiate my argument etc. I would like to re. Document filed by Randy Sowell.(sc)
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Pro Se Payment of Fee Processed: $8.70 Check processed by the Finance Department on 11/22/2022, Receipt Number 9051. (stt)
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Pro Se Payment of Fee Processed: $11.60 Check processed by the Finance Department on 11/22/2022, Receipt Number 9051. (stt)
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Pro Se Payment of Fee Processed: $43.20 Check processed by the Finance Department on 11/22/2022, Receipt Number 9051. (stt)
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Pro Se Payment of Fee Processed: $2.13 Check processed by the Finance Department on 09/09/2022, Receipt Number 5504. (stt)
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Filing 4
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: 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. 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 Laura Taylor Swain on 8/3/2022) (vn)
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba)
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Filing 3
PRISONER AUTHORIZATION. Document filed by Randy A. Sowell..(rdz) Modified on 12/12/2022 (rdz).
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Randy Sowell..(rdz)
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Case Designated ECF. (rdz)
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