Dinkins v. The State of New York et al
| Nicos L. Dinkins |
| Jouliana Petranker, D. Mascaritloco, Town of Ramapo Police Dept., Louis Falco, Ed Day, Michael Samora and THE STATE OF NEW YORK |
| 2:2019cv18538 |
| September 30, 2019 |
| US District Court for the District of New Jersey |
| Steven C Mannion |
| Esther Salas |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on September 30, 2019. A more recent docket listing may be available from PACER.
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| Filing 8 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 7:19-cv-08447. Original file certified copy of transfer order and docket sheet received. |
| Judge Esther Salas and Magistrate Judge Steven C. Mannion added. (ps, ) |
Filing 7
INFORMATION PACKAGE MAILED to Nicos L. Dinkins ID No. 006337 Rockland County Correctional Facility 51 New Hempstead Road New City, NY 10956, at, on 9/24/2019 Re: #6 Order of Service. 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. (nb)
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| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 9/24/2019 Re: Judge Cathy Seibel #6 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) Jouliana Petranker, Michael Samora. (nb) |
| SUMMONS ISSUED as to Jouliana Petranker, Michael Samora. (nb) |
| PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to severed Palisades Parkway claims from this action -which includes all claims brought against D. Moscaritloco, from the U.S.D.C. Southern District of New York to the United States District Court - District of New Jersey (ama) Modified on 9/30/2019 (ama). |
| Transmission to Office of the Clerk of Court. Transmitted re: #6 Order of Service to the Office of the Clerk of Court for processing. (The Court severs from this action the Palisades Parkway claims and transfers those claims - which includes all claims brought against D. Moscaritloco - to the United States District Court for the District of New Jersey. ) Transfer date Sept. 30, 2019. (ama) |
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Filing 6
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 severs from this action the Palisades Parkway claims and transfers those claims - which includes all claims brought against D. Moscaritloco - to the United States District Court for the District of New Jersey. The Court dismisses Plaintiff's claims against the State of New York on immunity grounds, and against the Town of Ramapo Police Department, because it is not a suable entity. See 28 U.S.C. 1915(e)(2)(B) (ii), (iii). The Court dismisses with leave to replead Plaintiff'sclaims against Ed Day, Sheriff Falco, and the Rockland County Jail Medical Administrator. An Amended Complaint Form is attached for Plaintiffs convenience. The Clerk of Court is instructed to complete the USM-285 forms with the addresses for Michael Samora and Juliana Petranker and deliver all documents necessary to effect service to the U.S. Marshals Service. 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 informa 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. ( USM-285 Form due by 10/23/2019., Request for Issuance of Summons due by 10/23/2019.), The State of New York, Town of Ramapo Police Dept., Ed Day (County Legislator) and Louis Falco (Sheriff) terminated. (Signed by Judge Cathy Seibel on 9/23/2019) (ama) Transmission to Pro Se Assistants for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Unassigned is no longer assigned to the case. (wb) |
| Magistrate Judge Lisa M. Smith 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: #http://nysd.uscourts.gov/forms.php. (wb) |
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Filing 4
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 9/12/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Nicos L. Dinkins ID No. 006337 Rockland County Correctional Facility 51 New Hempstead Road New City, NY 10956 ; SUPERINTENDENT Rockland County Correctional Facility 51 New Hempstead Road New City, NY 10956. (aea) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Nicos L. Dinkins. (sac) |
| Filing 2 COMPLAINT against Ed Day, Louis Falco, D. Mascaritloco, Jouliana Petranker, Michael Samora, The State of New York, Town of Ramapo Police Dept. Document filed by Nicos L. Dinkins. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Nicos L. Dinkins. (sac) |
| Case Designated ECF. (sac) |
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