Harvey v. Creedmoor Psychiatric Center
| Lamar Harvey |
| Creedmoor Psychiatric Center, Office of Mental Health and Darrin Gerson |
| 1:2021cv07031 |
| December 21, 2021 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Pamela K Chen |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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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)
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| Filing 9 AMENDED COMPLAINT(Unsigned) against Darrin Gerson. (Layne, Monique) |
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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)
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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)
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| Filing 8 Letter MOTION for Extension of Time to Amend by Lamar Harvey. (Almonte, Giselle) |
| Filing 7 MOTION to Appoint Counsel; filed by Lamar Harvey, dated 12/27/2021. (Latka-Mucha, Wieslawa) |
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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)
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| 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) |
| 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. |
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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.]
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| 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.] |
| 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.] |
| MOTION for Leave to Proceed in forma pauperis (See Document No. #1 ) by Lamar Harvey. (Neptune, Pierre) |
| Filing 2 COMPLAINT against Creedmoor Psychiatric Center. Document filed by Lamar Harvey..(rdz) [Transferred from New York Southern on 12/21/2021.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Lamar Harvey..(rdz) [Transferred from New York Southern on 12/21/2021.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 12/21/2021.] |
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