Wilson et al v. New York City Police Dept.
| Belinda Wilson and Roberto Hamilton |
| New York City Police Dept |
| Office of the Corporation Counsel of the City of New York |
| 1:2018cv05219 |
| September 17, 2018 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| LaShann DeArcy Hall |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on November 15, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 CERTIFICATE OF SERVICE by New York City Police Dept re #19 Scheduling Order,, (Mechmann, John) |
| Filing 21 Letter MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint by New York City Police Dept. (Mechmann, John) |
| Filing 20 NOTICE of Appearance by John Raymond Mechmann, III on behalf of New York City Police Dept (aty to be noticed) (Mechmann, John) |
Filing 19
SCHEDULING ORDER: An in person initial conference will be held at 11:30 A.M. on January 11, 2019 in Courtroom 324N of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Parties are advised that they must contact each other before making any request for an adjournment to the Court. A request for an adjournment must be received in writing at least forty-eight (48) hours before the scheduled conference. Counsel for defendant is directed to immediately forward a copy of this Order to the Plaintiff, who is proceeding pro se, via return receipt delivery and file proof of services with the Court. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/8/2018. (Manson, Eddie)
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| Filing 18 SUMMONS Returned Executed on behalf of pro se Belinda Wilson & Roberto Hamilton. New York City Police Department served on 10/25/2018, answer due 11/15/2018. (Latka-Mucha, Wieslawa) |
| Filing 17 MOTION to Compel N.Y.C.P.L. 160.50 and Medical Records Releases, MOTION for Extension of Time to File Response to the Court's Valentin Order dated September 26, 2018 by Office of the Corporation Counsel of the City of New York. (Attachments: #1 Exhibit A (Request for N.Y.C.P.L. 160.50 and Medical Records Releases)) (Mechmann, John) |
| Filing 16 Letter from pro se Plaintiff's responding to a notification received by them from the Defendants on October 22, 2018. (Williams, Erica) |
| Filing 15 SUMMONS ISSUED as to New York City Police Department. (Courtesy copies of the Summons, the Court's #14 Order issued on September 26, 20188 and Plaintiff's Complaint sent to the Office of the Corporation Counsel via first class mail.) (Latka-Mucha, Wieslawa) |
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Filing 14
ORDER: For reasons stated in the attached order, Corporation Counsel for the City of New York is directed, by 11/13/2018, to ascertain the full name of Police Officers involved in the events described in the Complaint and to provide the addresses where these Defendants can be served. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/26/2018. (Murphy, Colleen)
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| Filing 13 NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE filed by pro se Plaintiff's, Belinda Wilson and Roberto Hamilton. (Williams, Erica) |
| Filing 12 Letter dated September 17, 2018 from pro se plaintiff, Roberto Hamilton, clarifying a "mix-up" regarding this case and related case, 18-cv-5170. (Williams, Erica) |
| Filing 11 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 10 Case transferred in from District of New York Southern; Case Number 1:18-cv-05170. Original file certified copy of transfer order and docket sheet received. |
| Received Return Receipt of Mail Order by Certified Mail, as to Belinda Wilson, 147 Somers Street Apt. 1L, Brooklyn, NY 11233, which was served by Certified Mail # 7017 2680 0000 1025 5271, on 07/18/2018. (Buonantony, David) [Transferred from New York Southern on 9/17/2018.] |
| Received Return Receipt of Mail Order by Certified Mail, as to Roberto Hamilton, 147 Somers Street, Apt 1L, Brooklyn, NY 11233, which was served by Certified Mail # 7017 2680 0000 1025 5288, on 07/18/2018. (Buonantony, David) [Transferred from New York Southern on 9/17/2018.] |
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Filing 9
TRANSFER ORDER: Accordingly, the Clerk of Court is directed to transfer this action to the Eastern District of New York without delay. The Clerk of Court is further directed to mail a copy of this order to Plaintiffs by certified and first-class mail. SO ORDERED. (Signed by Judge Gregory H. Woods on 7/11/2018) (anc) [Transferred from New York Southern on 9/17/2018.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #9 Transfer Order E.D.N.Y. to the Docket Assistant Clerk for case processing. (anc) [Transferred from New York Southern on 9/17/2018.] |
| Mailed a copy of #9 Transfer Order E.D.N.Y. (Complaint)(case opening only), First Class and Certified Mail to both Belinda Wilson 147 Somers Street Apt. 1L Brooklyn, NY 11233; Roberto Hamilton 147 Somers Street Apt. 1L Brooklyn, NY 11233 by Certified Mail # 7017 2680 0000 1025 5271; 7017 2680 0000 1025 5288 with Return Receipt Requested. (aea) [Transferred from New York Southern on 9/17/2018.] |
| Filing 8 LETTER from Belinda Wilson, dated 6/22/18 re: RESPONSE/ 6/22/18 FOR PRO BONO COUNSEL. Document filed by Belinda Wilson.(sc) [Transferred from New York Southern on 9/17/2018.] |
| Mailed a copy of #7 Order on Motion to Appoint Counsel to Belinda Wilson & Roberto Hamilton 147 Somers Street Apt. 1L Brooklyn, NY 11233 by Certified Mail # 7017 3040 0000 9028 0816 with Return Receipt Requested. (rro) [Transferred from New York Southern on 9/17/2018.] |
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Filing 7
ORDER DENYING REQUEST FOR PRO BONO COUNSEL denying without prejudice #3 Motion to Appoint Counsel. Plaintiffs' application for the court to request pro bono counsel is denied without prejudice to renew at a later date. There is insufficient information before the Court at this time to make the necessary assessment of Plaintiffs' claims under the standards set forth by the Second Circuit in Hodge v. Police Officers, including whether Plaintiffs' claims are "likely to be of substance." 802 F.2d 58, 61-62 (2d Cir. 1986). 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). The Clerk of Court is directed to terminate the motion pending at Dkt. No. 3 and to mail a copy of this order to Plaintiffs by certified and first-class mail. (Signed by Judge Gregory H. Woods on 6/22/2018) (mro) [Transferred from New York Southern on 9/17/2018.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #7 Order on Motion to Appoint Counsel, to the Docket Assistant Clerk for case processing. (mro) [Transferred from New York Southern on 9/17/2018.] |
| Mailed a copy of #6 Order to Show Cause to Belinda Wilson & Roberto Hamilton 147 Somers Street Apt. 1L Brooklyn, NY 11233 by Certified Mail # 70173040000090281691 with Return Receipt Requested. (mhe) Modified on 6/22/2018 (mhe). [Transferred from New York Southern on 9/17/2018.] |
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Filing 6
ORDER TO SHOW CAUSE: Accordingly, the Court is inclined to transfer this case to the Eastern District of New York pursuant to 28 U.S.C. 1406(a). See id. ("The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought."). Plaintiffs are therefore ORDERED TO SHOW CAUSE no later than July 6, 2018 as to why this action should not be transferred to the Eastern District of New York. In the alternative, if Plaintiffs are willing to transfer this action to the Eastern District of New York to be litigated in a courthouse closer to their home in Brooklyn, the Court requests that they submit a letter to the Court stating that they consent to the transfer of this action to the Eastern District of New York by July 6, 2018. The Clerk of Court is directed to mail a copy of this order to Plaintiffs, by certified and first-class mail. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/21/2018) (anc) [Transferred from New York Southern on 9/17/2018.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #6 Order to Show Cause to the Docket Assistant Clerk for case processing. (anc) [Transferred from New York Southern on 9/17/2018.] |
| NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Unassigned is no longer assigned to the case. (jc) [Transferred from New York Southern on 9/17/2018.] |
| Magistrate Judge Stewart D. Aaron 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. (jc) [Transferred from New York Southern on 9/17/2018.] |
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Filing 4
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Colleen McMahon on 6/12/2018) (sac) [Transferred from New York Southern on 9/17/2018.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #4 Order Granting IFP Application, to the Docket Assistant Clerk for case processing. (sac) [Transferred from New York Southern on 9/17/2018.] |
| Mailed a copy of #4 Order Granting IFP Application to Belinda Wilson 147 Somers Street Apt. 1L Brooklyn, NY 11233. (mhe) [Transferred from New York Southern on 9/17/2018.] |
| Filing 3 MOTION to Appoint Counsel. Document filed by Roberto Hamilton, Belinda Wilson.(sac) [Transferred from New York Southern on 9/17/2018.] |
| Filing 2 COMPLAINT against New York City Police Dept. Document filed by Belinda Wilson, Roberto Hamilton.(sac) [Transferred from New York Southern on 9/17/2018.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Roberto Hamilton, Belinda Wilson. (sac) [Transferred from New York Southern on 9/17/2018.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 9/17/2018.] |
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