Martinez v. Unknown Officials at the Albany State Parole Office et al
| Richard Martinez |
| Parole Officer C. Bratton, Sr. Parole Officer C. Browne and Unknown Officials at the Albany State Parole Office |
| Attorney General State of New York |
| 1:2020cv00111 |
| January 2, 2020 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| Steven Tiscione |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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ORDER granting #6 Motion for Extension of Time to April 2, 2020 to File Response to the Valentin Order. So Ordered by Magistrate Judge Steven Tiscione on 2/27/2020. (Vasquez, Lea)
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Filing 7
DECLARATION of Service by Attorney General State of New York (Yoon, Amanda)
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Filing 6
First MOTION for Extension of Time to File Response/Reply To Valentin Order by Attorney General State of New York. (Attachments: #1 Affidavit Declaration of Service) (Yoon, Amanda)
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Filing 5
SUMMONS ISSUED as to Senior Parole Officer C. Browne a/k/a Senior Parole Officer H. Browne; and Parole Officer C. Bratton. (Courtesy copies sent to the Office of the Attorney General of the State of New York.) (Latka-Mucha, Wieslawa)
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Filing 4
ORDER granting #2 Motion for Leave to Proceed in forma pauperis: Pro se plaintiff Richard Martinez submitted the above-captioned civil rights complaint on January 2, 2020. Plaintiff's application to proceed in forma pauperis under 28 U.S.C. 1915 is hereby granted. The United States Marshals Service is directed to serve the summonses and complaint upon defendants Bratton and Browne without the prepayment of fees. Plaintiff also names as a defendant the unknown official at the "Albany State Parole Office"1 who responded to his complaint about his parole officer. As a result of his detention at Rikers Island, plaintiff has lost the letter he received and was unable to provide the name and service address of this individual. Pursuant to Valentin v. Dinkins, 121 F.3d 72 (2d Cir. 1997) (per curiam), the Court requests that the Attorney General's Office attempt to ascertain the full name and service address of the John Doe official who responded to plaintiff's written complaint. The Attorney General 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. 1 It is not clear if the official was assigned to the New York State Board of Parole, the Community Supervision Operations Center, or some other state agency. 2 The Attorney General is hereby requested to produce the information specified above regarding the identity and service address of the John Doe defendant within 30 days of the date of this Order. Once this information is provided, plaintiff's complaint shall be deemed amended to reflect the full name of the John Doe defendant, the Clerk of Court shall prepare a summons for that defendant, and the United States Marshals Service shall serve the summons and the complaint upon the defendant. The Clerk of Court shall send a copy of this Order and the complaint to the New York State Attorney General's Office and to plaintiff. So Ordered by Magistrate Judge Steven Tiscione on 1/31/2020. (Vasquez, Lea)
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Filing 3
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)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Richard Martinez. (Bowens, Priscilla)
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Filing 1
COMPLAINT against All Defendants, filed by Richard Martinez. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla)
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