Gardner v. New York City et al
| Franklin Gardner |
| Jane Doe, Sean Ryan, John Doe, New York City, New York City Dept. of Corrections, Alexander Savino, Ronald Wilson and Cynthia Brann |
| 1:2020cv03452 |
| July 31, 2020 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Ann M Donnelly |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on August 16, 2023. A more recent docket listing may be available from PACER.
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Filing 10
MEMORANDUM AND ORDER. The plaintiff's motion to proceed in forma pauperis is granted pursuant to 28 U.S.C. 1915. The plaintiff's claims against the Superintendent of Rikers Island Correctional Facility, Cynthia Brann, the New York City Department of Correction, Captain Ronald Wilson and the City of New York are dismissed. However, in light of the plaintiff's pro se status, I grant him leave to amend his complaint to allege facts, if applicable, that would establish that Captain Wilson or any other DOC employee was deliberately indifferent to his medical needs. The amended complaint will replace the original complaint. That is, the amended complaint must stand on its own without reference to the original complaint. All of the allegations with regard to Officers Savino and Ryan should also be included in the amended complaint. No summons will issue at this time and all further proceedings will be stayed for 60 days or until the plaintiff files an amended complaint, whichever is earlier. If submitted, the amended complaint will be reviewed for compliance with this Memorandum and Order and for sufficiency under 28 U.S.C. 1915A(b) and 1915(e)(2)(B). If the plaintiff does not file an amended complaint within the time allowed, the complaint will only proceed as to Officers Savino and Ryan. I am not at this time ordering the Clerk of Court to prepare a summons against Officers Savino and Ryan, or ordering the United States Marshals Service to serve the Summons and Complaint. This is to conserve the Court's resources in light of the current COVID-19 pandemic. I will direct both of those tasks after the deadline for the plaintiff to file an amended complaint. 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 purpose of an appeal. Ordered by Judge Ann M. Donnelly on 8/17/2020. (Greene, Donna)
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Filing 9
Letter to the Warden dated 8/3/20 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)
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Filing 8
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 7
Case transferred in from District of New York Southern; Case Number 1:20-cv-02333. Original file certified copy of transfer order and docket sheet received.
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Mailed a copy of #6 Order, to Franklin Gardner at DIN No. 18A2808, Elmira Correctional Facility, P.O. Box 500, Elmira, NY 14902-0500. (dsh) [Transferred from New York Southern on 7/31/2020.]
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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. (nb) [Transferred from New York Southern on 7/31/2020.]
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Filing 6
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 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). (Signed by Judge Colleen McMahon on 7/23/2020) (nb) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 7/31/2020.]
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Mailed Notice of Case Assignment/Reassignment to litigant. (nd) [Transferred from New York Southern on 7/31/2020.]
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MOTION for Leave to Proceed in forma pauperis SEE ENTRY #5 by Franklin Gardner. (Bowens, Priscilla)
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Filing 5
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Franklin Gardner.(sbr) [Transferred from New York Southern on 7/31/2020.]
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Filing 4
PRISONER AUTHORIZATION. Document filed by Franklin Gardner.(sbr) [Transferred from New York Southern on 7/31/2020.]
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Mailed a copy of #3 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to Franklin Gardner DIN No. 18A2808 at Elmira Correctional Facility, P.O. Box 500, Elmira, NY 14902-0500. (bwa) [Transferred from New York Southern on 7/31/2020.]
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Filing 3
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization 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). Filing Fee due by 4/23/2020. In Forma Pauperis (IFP) Application due by 4/23/2020. Prisoner Authorization Form due by 4/23/2020. (Signed by Judge Colleen McMahon on 3/24/2020) (Attachments: #1 IFP application, #2 prisoner authorization) (asg) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 7/31/2020.]
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NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (ad) [Transferred from New York Southern on 7/31/2020.]
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Filing 2
COMPLAINT against Cynthia Brann, Jane Doe, John Doe, New York City, New York City Dep't. of Corrections, Sean Ryan, Alexander Savino, Ronald Wilson. Document filed by Franklin Gardner. (sac) [Transferred from New York Southern on 7/31/2020.]
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Filing 1
NOTICE OF MOTION TO PROCEED AS POOR PERSON PURSUANT TO CPLR 1101. Document filed by Franklin Gardner. (sac) [Transferred from New York Southern on 7/31/2020.]
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Case Designated ECF. (sac) [Transferred from New York Southern on 7/31/2020.]
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