Casanova v. Brooklyn Metropolitan Detention Center et al
| Rayshawn I. Casanova |
| Wellpath Medical Services, Westchester County Department of Corrections, Brooklyn Metropolitan Detention Center, United States of America, Westchester County and Federal Bureau of Prisons |
| 1:2019cv05207 |
| September 10, 2019 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| LaShann DeArcy Hall |
| Prisoner Petitions (Prison Condition) |
| 42:1983 |
| None |
Docket Report
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This docket was last retrieved on September 17, 2019. A more recent docket listing may be available from PACER.
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| Filing 10 Letter dated 9/17/2019 from The Clerk of Court to the Warden regarding filing fees. (C/mailed by Pro Se Staff). (Ramesar, Thameera) |
| Filing 9 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. (Davis, Kimberly) |
| Filing 8 Case transferred in from District of New York Southern; Case Number 1:19-cv-06274. Original file certified copy of transfer order and docket sheet received. |
| PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to United States of America only, from the U.S.D.C. Southern District of New York to the United States District Court - Eastern District of New York. (rjm) [Transferred from New York Southern on 9/12/2019.] |
| Mailed a copy of #7 Order 60 Days Amended Complaint (case opening), Add and Terminate Parties, to Rayshawn I. Casanova #2019-02859 Orange County Jail 110 Wells Farm Road Goshen, NY 10924. (aea) [Transferred from New York Southern on 9/12/2019.] |
Filing 7
ORDER TO AMEND. 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 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 19-CV-6274 (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 dismisses Plaintiff's claims against the MDC, the BOP, and WCDOC. See 28 U.S.C. 1915(e)(2)(B)(ii), (iii). The Clerk of Court is directed to add Westchester County as a Defendant under Fed. R. Civ. P. 21. The Court construes the complaint as asserting a Bivens claim and an FTCA claim, adds the United States as a defendant under Fed. R. Civ. P. 21, and transfers the Bivens and FTCA claims to the United States District Court for the Eastern District of New York, with the United States being the sole defendant. 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). The Clerk of Court is directed to docket this as a "written opinion" within the meaning of Section 205(a)(5) of the E-Government Act of 2002. SO ORDERED. Westchester County and United States of America added. Westchester County Department of Corrections (CCS), Brooklyn Metropolitan Detention Center and Federal Bureau of Prisons terminated. (Signed by Judge Colleen McMahon on 9/9/2019) (rjm) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 9/12/2019.]
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| Mailed a copy of #6 Order Granting IFP Application in Prisoner Case, to Rayshawn I. Casanova #2019-02859 Orange County Jail 110 Wells Farm Road Goshen, NY 10924 and to SUPERINTENDENT Orange County Jail 110 Wells Farm Road Goshen, NY 10924. (aea)[Transferred from New York Southern on 9/12/2019.] |
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Filing 6
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 8/5/2019) (sac) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 9/12/2019.]
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| Filing 5 PRO SE MEMORANDUM(Letter) dated 7/26/19 re: CHANGE OF ADDRESS for Rayshawn I. Casanova. New Address: ID#2019-02859, Orange County Jail, 110 Wells Farm Rd., Goshen, New York, 10924. (sc) [Transferred from New York Southern on 9/12/2019.] |
| Filing 4 PRISONER AUTHORIZATION. Document filed by Rayshawn I. Casanova.(vn) [Transferred from New York Southern on 9/12/2019.] |
| Mailed a copy of #3 Order Directing Prisoner Authorization, to Rayshawn I. Casanova 33792-058 Westchester County Department of Corrections 10 Woods Road Valhalla, NY 10595. (aea) [Transferred from New York Southern on 9/12/2019.] |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb) [Transferred from New York Southern on 9/12/2019.] |
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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 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 appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Prisoner Authorization Form due by 8/7/2019. (Signed by Judge Colleen McMahon on 7/8/2019) (asg) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 9/12/2019.]
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| Case Designated ECF. (rdz) [Transferred from New York Southern on 9/12/2019.] |
| Filing 2 COMPLAINT against Brooklyn Metropolitan Detention Center, Federal Bureau of Prisons, Wellpath Medical Services, Westchester County Department of Corrections. Document filed by Rayshawn I. Casanova.(rdz) [Transferred from New York Southern on 9/12/2019.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Rayshawn I. Casanova.(rdz) [Transferred from New York Southern on 9/12/2019.] |
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