Rivers v. City of New York et al
| Jerome Rivers |
| Supervisors John Doe, Tyler Marshall and City of New York |
| 1:2019cv01636 |
| March 22, 2019 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Steven M Gold |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 4, 2019. A more recent docket listing may be available from PACER.
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Filing 17
FILING FEE: $ 2.22, receipt number 4653141521 for Jerome Rivers. (Guzzi, Roseann)
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Filing 16
NOTICE of Appearance by Zachary Kalmbach on behalf of City of New York (aty to be noticed) (Kalmbach, Zachary)
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Filing 15
Summons Issued as to Sgt. Tyler Marshall. (Courtesy Copy to Corp. Counsel via regular mail on 5/13/19) (Galeano, Sonia)
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ORDER: Terminating #14 Motion for Disclosure. The document is not a motion, but instead a letter in response to the Court's Order dated March 27, 2019, providing John Doe defendant's identity. The United States Marshals Service is directed to serve the Amended Complaint. See dkt. #6 granting plaintiff's IFP application. The City is directed to mail a copy of this Order and of the City's letter to plaintiff as soon as his new address is determined. Ordered by Magistrate Judge Steven M. Gold on 5/9/2019. (Gillespie, Saudia)
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Filing 14
Letter MOTION for Disclosure Of Identity of John Doe In Response to Valentin Order by Corporation Counsel NYC Law Department. (Nelson, Genevieve)
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Filing 13
Letter dated 3/27/19 from the Pro se department to the Warden or Superintendent regarding plaintiff's prison trust fund account. (Guzzi, Roseann)
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Filing 12
ORDER: Plaintiff Jerome Rivers, appearing pro se, currently incarcerated at the Brooklyn Detention Complex, filed this action pursuant to 42 U.S.C. 1983 in the Southern District of New York where plaintiffs request to proceed in forma pauperis was granted and he was directed to file an amended complaint. On March 22, 2019, the action was transferred to this Court because plaintiff challenges a Kings County arrest made on July 29, 2017 at the 75th Police Precinct which was dismissed on December 12, 2017. See Am. Compl. at 4. A false arrest claim may be cognizable under 1983, however, service of process cannot be effected since the true identity of the defendant is unknown at this time. Therefore, pursuant to Valentin v. Dinkins, 121F.3d72 (2d Cir. 1997) (per curiam), the Court requests that the Corporation Counsel of the City of New York ascertain the full name of this John Doe defendant, who was allegedly involved in the arrest that occurred on July 29, 2017 at the 75th Police Precinct. The Corporation Counsel is to provide the address where this defendant can be served but need not undertake to defend or indemnify this individual at this juncture. This Order merely provides a means by which plaintiff may name and properly serve the defendant as instructed by the Second Circuit in Valentin. The Corporation Counsel is to produce the information specified regarding the identity of this defendant within 45 days from the entry of this order. Once this information is provided, plaintiffs complaint will be deemed amended to reflect the full name of the defendant and the Court will direct service of process accordingly. The Clerk of Court is directed to send a copy of this Order and the plaintiffs complaint and amended complaint to the Corporation Counsel of the City of New York, Special Federal Litigation Division. No summons will issue at this time. Ordered by Magistrate Judge Steven M. Gold on 3/27/2019. (Gillespie, Saudia)
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| 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-10710. Original file certified copy of transfer order and docket sheet received. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York (mro) [Transferred from New York Southern on 3/22/2019.] |
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Filing 9
TRANSFER ORDER: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Eastern District of New York. This order closes this case. 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). (Signed by Judge Colleen McMahon on 3/15/2019) (mro) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 3/22/2019.]
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| Mailed a copy of #9 Order, to Jerome Rivers ID No. 4411707683 NYSID No. 05184597P Brooklyn Detention Complex 275 Atlantic Ave Brooklyn, NY 11201. (aea) [Transferred from New York Southern on 3/22/2019.] |
| Filing 8 AMENDED COMPLAINT against John Doe(City of New York); re: amending #2 Complaint with JURY DEMAND.Document filed by Jerome Rivers. Related document: #2 Complaint.(sc) [Transferred from New York Southern on 3/22/2019.] |
| Mailed a copy of #7 Order 60 Days Amended Complaint (case opening), to Jerome Rivers ID No. 4411707683 NYSID No. 05184597P Brooklyn Detention Complex 275 Atlantic Ave Brooklyn, NY 11201. (aea) [Transferred from New York Southern on 3/22/2019.] |
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Filing 7
ORDER TO AMEND. By order dated January 14, 2019, the Court granted Plaintiff's request to proceed without prepayment of fees, that is, in forma pauperis. The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. 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 Courts 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 18-CV-10710 (CM). 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 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 Colleen McMahon on 1/29/2019) (rjm) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 3/22/2019.]
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| Mailed a copy of #6 Order Granting IFP Application in Prisoner Case, to Jerome Rivers ID No. 4411707683 NYSID No. 05184597P Brooklyn Detention Complex 275 Atlantic Ave Brooklyn, NY 11201; Attn: Superintendent Brooklyn Detention Complex 275 Atlantic Ave Brooklyn, NY 11201. (aea) [Transferred from New York Southern on 3/22/2019.] |
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Filing 6
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. 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. SO ORDERED. (Signed by Judge Colleen McMahon on 1/14/2019) (anc) Transmission to Docket Assistant Clerk for processing. Modified on 1/16/2019 (anc). [Transferred from New York Southern on 3/22/2019.]
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| Filing 5 PRISONER AUTHORIZATION. Document filed by Jerome Rivers.(rdz) [Transferred from New York Southern on 3/22/2019.] |
| Filing 4 LETTER from Jerome Rivers, re: Plaintiff submits this letter with attached case log printout, which the plaintiff claims proves his case concerning the hyoid bone not being broken. Document filed by Jerome Rivers.(sc) [Transferred from New York Southern on 3/22/2019.] |
| Mailed a copy of #3 Order Directing Prisoner Authorization, to Jerome Rivers ID No. 4411707683 NYSID No. 05184597P Brooklyn Detention Complex 275 Atlantic Ave Brooklyn, NY 11201. (aea) [Transferred from New York Southern on 3/22/2019.] |
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Filing 3
ORDER DIRECTING PRISONER AUTHORIZATION: Plaintiff is directed to submit a completed and signed Prisoner Authorization Form to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed tORDER DIRECTING PRISONER AUTHORIZATION: Plaintiff is directed to submit a completed and signed Prisoner Authorization Form 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 ao 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). Prisoner Authorization Form due by 12/19/2018. (Signed by Judge Colleen McMahon on 11/19/2018) (Attachments: #1 Exhibit Prisoner Authorization form)(asg) Transmippeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Prisoner Authorization Form due by 12/19/2018. (Signed by Judge Colleen McMahon on 11/19/2018) (Attachments: #1 Exhibit Prisoner Authorization form)(asg) Transmission to Docket Assistant Clerk for processing. Modified on 11/19/2018 (asg). (Attachment 1 replaced on 11/19/2018) (asg). ssion to Docket Assistant Clerk for processing. Modified on 11/19/2018 (asg). (Attachment 1 replaced on 11/19/2018) (asg). [Transferred from New York Southern on 3/22/2019.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (bcu) [Transferred from New York Southern on 3/22/2019.] |
| Filing 2 COMPLAINT against JOHN DOE. Document filed by Jerome Rivers. (ks) [Transferred from New York Southern on 3/22/2019.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jerome Rivers. (ks) [Transferred from New York Southern on 3/22/2019.] |
| Case Designated ECF. (ks) [Transferred from New York Southern on 3/22/2019.] |
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