Lewis v. Nelson
| Shawn Lewis |
| Nelson |
| Office of the Corporation Counsel of the City of New York |
| 1:2019cv06756 |
| December 2, 2019 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Ann M Donnelly |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 13
ORDER: The Office of the Corporation Counsel (the "Office") #11 requests an extension of time to respond to the Court's 12/26/2019 Valentin Order. The Court shall hold the initial conference in pro se plaintiff's civil rights action on 2/7/2020 at 9:30 a.m. by telephone to discuss the 160.50 releases and an extension of the Valentin deadline. The Office is requested to arrange and initiate the conference call. SO ORDERED by Magistrate Judge Lois Bloom, on 1/28/2020. C/mailed. (Telephone Conference set for 2/7/2020 at 9:30 a.m. before Magistrate Judge Lois Bloom.) (Latka-Mucha, Wieslawa)
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| Filing 12 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge by Shawn Lewis. (Herrera, Isaiah) |
| Filing 11 First MOTION for Extension of Time to File Valentin Response by Office of the Corporation Counsel of the City of New York. (Murray, James) |
| Filing 10 NOTICE of Appearance by James Murray on behalf of Office of the Corporation Counsel of the City of New York (aty to be noticed) (Murray, James) |
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Filing 9
Plaintiff's #1 application to proceed in forma pauperis under 28 U.S.C. 1915 is granted. Plaintiff brings this #2 action alleging that defendant "Nelson" used excessive force during his arrest on 3/10/2018 around 111th Ave. and 194 St. in St. Albans, Queens. Pursuant to Valentin v. Dinkins, 121 F.3d 72 (2d Cir. 1997) (per curiam), the Court hereby directs the Office of the Corporation Counsel (the "Office") to identify the defendant allegedly involved in this case and to provide an address for service of process by 1/27/2020. Plaintiff's #4 request for pro bono counsel is denied. There is no right to counsel in a civil case. The parties shall advise the Court by signing the enclosed form whether they jointly consent to trial and decision on this case by me, a United States Magistrate Judge, pursuant to 28 U.S.C. 636(c). SO ORDERED by Magistrate Judge Lois Bloom, on 12/26/2019. C/mailed w/Attachments: #1 Individual Practices of Magistrate Judge Lois Bloom, #2 Consent to Trial and Decision by a United States Magistrate Judge. (Corporation Counsel's Report due by 1/27/2020.) (Latka-Mucha, Wieslawa)
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| Filing 8 Letter to the Warden dated 12/3/19 Pursuant to 28 U.S.C. 1915 (as amended July 26, 1996), plaintiff is proceeding in forma pauperis and must pay the total $350 fee by monthly installments deducted from plaintiff's prison trust fund account (or institutional equivalent). (Prisoner Authorization attached). (Copy of Warden Letter mailed out). (Herrera, Isaiah) |
| 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) |
| Filing 6 Case transferred in from District of New York Southern; Case Number 1:19-cv-10869. Original file certified copy of transfer order and docket sheet received. |
| Mailed a copy of #5 Order, to Shawn Lewis NYSID: 13742574Y B&C No. 4411801700 George R. Vierno Center 09-09 Hazen Street East Elmhurst, NY 11370. (aea) [Transferred from New York Southern on 12/2/2019.] |
| CASE TRANSFERRED OUT ELECTRONICALLY 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 12/2/2019.] |
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Filing 5
TRANSFER ORDER. The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern District of New York. The Clerk of Court is further directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. 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, 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Colleen McMahon on 11/25/2019) (rjm) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 12/2/2019.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (rjm) [Transferred from New York Southern on 12/2/2019.] |
| MOTION for Leave to Proceed in forma pauperis SEE ENTRY #1 by Shawn Lewis. (Bowens, Priscilla) |
| Filing 4 APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Shawn Lewis.(sac) [Transferred from New York Southern on 12/2/2019.] |
| Filing 3 Prisoner Trust Fund Account Statement by Shawn Lewis.(sac) [Transferred from New York Southern on 12/2/2019.] |
| Filing 2 COMPLAINT against Nelson. Document filed by Shawn Lewis. (sac) [Transferred from New York Southern on 12/2/2019.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Shawn Lewis. (sac) [Transferred from New York Southern on 12/2/2019.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 12/2/2019.] |
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