Pena-Sanchez v. New York City et al
| Agustin Pena-Sanchez |
| New York City and Department of Corrections (N.Y.C.) |
| 1:2022cv04544 |
| August 2, 2022 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Rachel P Kovner |
| Prisoner Petitions (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 8
ORDER: Plaintiff commenced this pro se civil rights action in the Southern District of New York on June 10, 2022, alleging that he was physically assaulted by unnamed corrections officers at the Queens Supreme Court on May 20, 2022. ECF No. 1. Plaintiff's application to proceed in forma pauperis under 28 U.S.C. 1915 was granted, ECF No. 4, and the Court severed plaintiff's claims arising from the May 20, 2022, incident and transferred them to this Court. ECF No. 5. Pursuant to Valentin v. Dinkins, 121 F.3d 72 (2d Cir. 1997) (per curiam), the Office of the Corporation Counsel (the "Office") is hereby directed to identify the John Doe officers involved in the incident, and to provide service addresses for the officers by October 24, 2022. See attached Order. Ordered by Magistrate Judge Lois Bloom on 9/23/2022. (Yindra, Hannah)
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| 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. (Davis, Kimberly) |
| Filing 6 Case transferred in from District of New York Southern; Case Number 1:22-cv-04942. Original file certified copy of transfer order and docket sheet received. |
| MAILING RECEIPT: Document No: 5. Mailed to: Agustin Pena-Sanchez NYSID:09115351Z B&C: 4411901062 18-18 Hazen Street East Elmhurst, NY 11370. (kh) [Transferred from New York Southern on 8/2/2022.] |
| PARTIAL 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.(rdz) [Transferred from New York Southern on 8/2/2022.] |
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Filing 5
PARTIAL TRANSFER ORDER AND ORDER TO AMEND: The Clerk of Court is directed to sever the claims arising from the alleged incident in the Queens County Courthouse and transfer them, under 28 U.S.C. 1404(a), to the United States District Court for the Eastern District of New York. Plaintiff is granted leave to file an amended complaint in this Court, in connection with his claims arising in AMKC on Rikers Island, that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 22-CV-4942 (LTS). An Amended Civil Rights Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the complaint will be dismissed for failure to state a claim upon which relief may be granted. 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 IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/26/22) (rdz) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 8/2/2022.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) [Transferred from New York Southern on 8/2/2022.] |
| MAILING RECEIPT: Document No: 4. Mailed to: Agustin Pena-Sanchez NYSID:09115351Z B&C: 4411901062 18-18 Hazen Street East Elmhurst, NY 11370. (kh) [Transferred from New York Southern on 8/2/2022.] |
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Filing 4
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Laura Taylor Swain on 6/13/2022) (vn) [Transferred from New York Southern on 8/2/2022.]
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Agustin Pena-Sanchez. (sac) [Transferred from New York Southern on 8/2/2022.] |
| Filing 2 COMPLAINT against Department of Corrections NYC, New York City. Document filed by Agustin Pena-Sanchez. (sac) [Transferred from New York Southern on 8/2/2022.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Agustin Pena-Sanchez. (sac) [Transferred from New York Southern on 8/2/2022.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 8/2/2022.] |
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