Harvey v. Creedmoor Psychiatric Center
Plaintiff: Lamar Harvey
Defendant: Creedmoor Psychiatric Center, Office of Mental Health and Darrin Gerson
Case Number: 1:2021cv07031
Filed: December 21, 2021
Court: US District Court for the Eastern District of New York
Presiding Judge: Lois Bloom
Referring Judge: Pamela K Chen
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 23, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 17, 2022 Opinion or Order Filing 10 ORDER: For the reasons in the attached Memorandum & Order, the Amended Complaint, filed in forma pauperis, is dismissed under 28 U.S.C. 1915(e)(2)(B). The Court grants Plaintiff a final opportunity to file a second amended complaint, which must be filed within thirty (30) days of this Memorandum and Order. Plaintiff is advised that the second amended complaint will completely replace the original complaint and amended complaint, must be captioned "Second Amended Complaint," and shall bear the same docket number as the attached Memorandum & Order. All further proceedings shall be stayed for thirty (30) days or until Plaintiff files a second amended complaint, whichever is earlier. If Plaintiff fails to file a second amended complaint within the time allowed or fails to show good cause why he cannot, the Court shall direct the Clerk of Court to enter judgment and close this case. Ordered by Judge Pamela K. Chen on 2/17/2022. (Sharon, William)
February 9, 2022 Filing 9 AMENDED COMPLAINT(Unsigned) against Darrin Gerson. (Layne, Monique)
January 20, 2022 Opinion or Order ORDER: Plaintiff's #8 Motion for Extension of Time is granted. Plaintiff shall file an amended complaint by 3/7/2022. Plaintiff is reminded that the amended complaint will completely replace the original complaint, must be captioned "Amended Complaint," and shall bear the same docket number as the Court's #6 Memorandum & Order. Ordered by Judge Pamela K. Chen on 1/20/2022. (Sharon, William)
January 19, 2022 Opinion or Order ORDER: On December 10, 2021, Plaintiff Lamar Harvey, currently detained at Creedmoor Psychiatric Center ("Creedmoor") in Queens, New York, filed this pro se action in the District Court for the Southern District of New York against Defendants Creedmoor and the Office of Mental Health. (Complaint, Dkt. 2.) The action was transferred to this Court on December 21, 2021. (Transfer Order, Dkt. 3.) On January 4, 2022, the Court granted Plaintiff's request to proceed in forma pauperis and dismissed the Complaint with leave to replead within 30 days. (Dkt. 6.) On January 5, 2022, the Court received Plaintiff's Application for the Court to Request Counsel. (Application, Dkt. 7.) Having dismissed the Complaint, however, the Court finds that Plaintiff has not established that his claim is "likely to be of substance." Hodge v. Police Officers, 802 F.2d 58, 61 (2d Cir. 1986). Plaintiff's application for pro bono counsel is denied without prejudice to renewal should Plaintiff file an Amended Complaint. Plaintiff is reminded that he has until 2/3/2022 to file an Amended Complaint. Ordered by Judge Pamela K. Chen on 1/19/2022. (Sharon, William)
January 18, 2022 Filing 8 Letter MOTION for Extension of Time to Amend by Lamar Harvey. (Almonte, Giselle)
January 5, 2022 Filing 7 MOTION to Appoint Counsel; filed by Lamar Harvey, dated 12/27/2021. (Latka-Mucha, Wieslawa)
January 4, 2022 Opinion or Order Filing 6 ORDER: For the reasons in the attached Memorandum & Order, Plaintiff's request to proceed in forma pauperis is granted. The Complaint is dismissed pursuant to 28 U.S.C. 1915(e)(2)(B). The Court grants Plaintiff leave to file an amended complaint within thirty (30) days of this Memorandum & Order. Plaintiff is advised that the amended complaint will completely replace the original complaint, must be captioned "Amended Complaint," and shall bear the same docket number as this Memorandum & Order. All further proceedings shall be stayed for thirty (30) days or until Plaintiff files an amended complaint, whichever is earlier. If Plaintiff fails to file an amended complaint within the time allowed or fails to show good cause why he cannot, the Court shall direct the Clerk of Court to enter judgment and close 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 purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Pamela K. Chen on 1/4/2022. (Sharon, William)
December 21, 2021 Filing 5 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. (Neptune, Pierre)
December 21, 2021 Filing 4 Case transferred in from District of New York Southern; Case Number 1:21-cv-10633. Original file certified copy of transfer order and docket sheet received.
December 14, 2021 Opinion or Order Filing 3 ORDER: The Clerk of Court is 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, 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). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/14/21) (rdz) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 12/21/2021.]
December 14, 2021 NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (aea) [Transferred from New York Southern on 12/21/2021.]
December 14, 2021 Mailed a copy of #3 Order, to Lamar Harvey at 79-25 Winchester Blvd, Ward 9B, Queens Village, NY 11427. (dsh) [Transferred from New York Southern on 12/21/2021.]
December 10, 2021 MOTION for Leave to Proceed in forma pauperis (See Document No. #1 ) by Lamar Harvey. (Neptune, Pierre)
December 10, 2021 Filing 2 COMPLAINT against Creedmoor Psychiatric Center. Document filed by Lamar Harvey..(rdz) [Transferred from New York Southern on 12/21/2021.]
December 10, 2021 Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Lamar Harvey..(rdz) [Transferred from New York Southern on 12/21/2021.]
December 10, 2021 Case Designated ECF. (rdz) [Transferred from New York Southern on 12/21/2021.]

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Harvey v. Creedmoor Psychiatric Center
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Lamar Harvey
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Creedmoor Psychiatric Center
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Office of Mental Health
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Darrin Gerson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?