Lurch, Jr. v. The City of NY et al
Plaintiff: Robert Derek Lurch, Jr.
Defendant: NYCHHC, Fadhle Alsula, Supervisors John Doe, The City of NY, John Doe Officers, John Doe Officer M, Younus Ahmed, Corner Store Owner and Treating Physician
Case Number: 1:2019cv06011
Filed: October 25, 2019
Court: US District Court for the Eastern District of New York
Presiding Judge: Sanket J Bulsara
Referring Judge: Ann M Donnelly
Nature of Suit: Prisoner Petitions (Prison Condition)
Cause of Action: 42:1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 13, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 13, 2019 Opinion or Order SCHEDULING ORDER: An in person Status Conference will be held on 1/13/2020 at 4:00 PM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/13/2019. (Guo, Alicia)
December 12, 2019 Opinion or Order Filing 9 MEMORANDUM DECISION AND ORDER. The plaintiff's complaint is dismissed except for the plaintiff's claims against John Doe Officer M. The Clerk of Court is directed to amend the caption to reflect the dismissal of the City of New York, New York City Health + Hospitals, the treating physician, the corner store owner, corner store employees Younus Ahmed and Fadhle Alsula, and the two other John Doe officers. No summons will be issued to these defendants. The Court requests that Corporation Counsel ascertain the full name and service address of John Doe Office M who allegedly used excessive force against the plaintiff during an ambulance ride to Kings County Hospital on August 16, 2019 or August 17, 2019. See Valentin V. Dinkins, 121 F.3d 72 (2d. Cir. 1997) (per curiam). Corporation Counsel need not undertake the defense or indemnification of the individual at this time. The order merely provides a means by which the plaintiff may name and serve the defendant. The plaintiff should provide the Court with this information, by letter, by January 20,2020. Once the information is provided, the plaintiff's complaint will be deemed amended to reflect the full name and service address of the remaining defendant and a summons will be issued. The Clerk of Court is respectfully directed to send a copy of this order to the Corporation Counsel for the City of New York, Special Federal Litigation Division, as well as to the plaintiff at the alternate address he provided in his complaint: P.O. Box 540807, Bronx, New York 10454. The Clerk of Court is also directed to update the docket to include this alternate address forPlaintiff. The case is referred to Magistrate Judge Sanket J. Bulsara for pretrial supervision. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. Ordered by Judge Ann M. Donnelly on 12/11/2019. (Greene, Donna)
November 15, 2019 Filing 8 Mail Returned as Undeliverable. Copy of Rule 23 Documents sent to Robert Derek Lurch, Jr. at address listed. Postal Note: "Return To Sender. Attempted - Not Known. Unable To Forward." (Herrera, Isaiah)
October 25, 2019 Filing 7 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)
October 25, 2019 Filing 6 Case transferred in from District of New York Southern; Case Number 1:19-cv-09378. Original file certified copy of transfer order and docket sheet received.
October 17, 2019 Mailed a copy of #5 Transfer Order (case opening only), to Robert Derek Lurch, Jr. B&C No. 1411904511 Eric M. Taylor Center 10-10 Hazen Street East Elmhurst, NY 11370. (vba) [Transferred from New York Southern on 10/25/2019.]
October 15, 2019 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 (rdz) [Transferred from New York Southern on 10/25/2019.]
October 15, 2019 Transmission to Office of the Clerk of Court. Transmitted re: #5 Transfer Order (case opening only), to the Office of the Clerk of Court for processing. (rdz) [Transferred from New York Southern on 10/25/2019.]
October 15, 2019 NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (rdz) [Transferred from New York Southern on 10/25/2019.]
October 15, 2019 Opinion or Order Filing 5 TRANSFER ORDER: 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. The Clerk of Court is further directed to transfer this action to the United States District Court for the Eastern District of New York. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. 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 purposeof an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Colleen McMahon on 10/15/2019) (rdz) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/25/2019.]
October 10, 2019 MOTION for Leave to Proceed in forma pauperis SEE ENTRY #1 by Robert Derek Lurch, Jr.. (Bowens, Priscilla)
October 10, 2019 Filing 4 AMENDED COMPLAINT; re: amending #2 Complaint against Younus Ahmed, Fadhle Alsula, Corner Store Owner, John Doe Officer M, John Doe Officer(s), NYCHHC, The City of NY, Treating Physician with JURY DEMAND.Document filed by Robert Derek Lurch, Jr. Related document: #2 Complaint.(sc) [Transferred from New York Southern on 10/25/2019.]
October 10, 2019 Case Designated ECF. (sac) [Transferred from New York Southern on 10/25/2019.]
October 10, 2019 Filing 3 PRISONER AUTHORIZATION. Document filed by Robert Derek Lurch, Jr. (sac) [Transferred from New York Southern on 10/25/2019.]
October 10, 2019 Filing 2 COMPLAINT against Younus Ahmed, Fadhle Alsula, Corner Store Owner, John Doe, NYCHHC, The City of NY, Treating Physician. Document filed by Robert Derek Lurch, Jr. (sac) [Transferred from New York Southern on 10/25/2019.]
October 10, 2019 Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Robert Derek Lurch, Jr. (sac) [Transferred from New York Southern on 10/25/2019.]

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Search for this case: Lurch, Jr. v. The City of NY et al
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Plaintiff: Robert Derek Lurch, Jr.
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Defendant: NYCHHC
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Defendant: Fadhle Alsula
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Defendant: Supervisors John Doe
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Defendant: The City of NY
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Defendant: John Doe Officers
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Defendant: John Doe Officer M
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Defendant: Younus Ahmed
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Defendant: Corner Store Owner
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Defendant: Treating Physician
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