Noble v. Warden C. Carter et al
| Jerome Noble |
| Warden C. Carter, Assistant Deputy Warden Santiago, Captain G. Batchelor, Deputy Warden T. Morales, Deputy Warden S. Chester, Deputy Warden T. Banks and Department of Corrections |
| 1:2023cv02650 |
| April 4, 2023 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Rachel P Kovner |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on June 2, 2023. A more recent docket listing may be available from PACER.
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| Filing 9 Summons Returned Unexecuted by Jerome Noble as to Assistant Deputy Warden Santiago, Department of Corrections, Deputy Warden T. Banks. (SEE REMARKS ON USM-285 FORM) (VM) |
| Filing 8 SUMMONS Returned Executed by Jerome Noble. Captain G. Batchelor served on 5/31/2023, answer due 6/21/2023; Deputy Warden S. Chester served on 5/31/2023, answer due 6/21/2023; Deputy Warden T. Morales served on 5/31/2023, answer due 6/21/2023; Warden C. Carter served on 5/31/2023, answer due 6/21/2023. (VM) |
| Filing 7 Summons Issued as to Assistant Deputy Warden Santiago, Captain G. Batchelor, Department of Corrections, Deputy Warden S. Chester, Deputy Warden T. Banks, Deputy Warden T. Morales, Warden C. Carter. (VM) |
Filing 6
ORDER: Plaintiff's application to proceed in forma pauperis under 28 U.S.C. 1915 is granted. ECF No. #2 . The Clerk of Court shall prepare a summons for the defendants, and the United States Marshals Service is directed to serve the summons, complaint, and a copy of this Order upon the named defendants without prepayment of fees. See attached Order. Ordered by Magistrate Judge Lois Bloom on 5/18/2023. (VP)
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| Filing 5 Prisoner Authorization by Jerome Noble (IH) |
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Plaintiff Jerome Noble, who was then in custody at the Anna M. Kross Center on Rikers Island, commenced this pro se action, which was received on March 30, 2023. Plaintiff submitted an application to proceed in forma pauperis, but he did not include the Prisoner Authorization form required by the Prisoner Litigation Reform Act (PLRA). Without a signed Prisoner Authorization form, a case brought by an incarcerated person seeking IFP status cannot advance. See Holloway v. City of New York, No. 20-CV-4929, 2020 WL 7698939, at *1 (E.D.N.Y. Dec. 28, 2020). On April 11, 2023, the Court sent Plaintiff a letter enclosing the PLRA form and directing him to submit the completed form within 14 days. More than 14 days have elapsed, and Plaintiff has not submitted the PLRA form.In light of Plaintiffs pro se status and the three-year statute of limitations applicable to constitutional claims in New York, the Court grants additional time to submit the PLRA form. If Plaintiff fails to submit the PLRA authorization within 30 days from the date of this order, the complaint will be dismissed without prejudice. No extension shall be granted without good cause shown.The Clerk of Court is requested to send a copy of this Order to Plaintiff, along with an additional copy of the PLRA form. No response from the defendants to this action is required at this time. Ordered by Judge Rachel P. Kovner on 4/28/2023. (Miyamoto, Matthew)
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| Filing 4 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. (TPL) |
| Filing 2 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. Mailed out on 4/11/23. (TPL) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Jerome Noble. (TPL) |
| Filing 1 COMPLAINT against Assistant Deputy Warden Santiago, Captain G. Batchelor, Deputy Warden S. Chester, Deputy Warden T. Banks, Deputy Warden T. Morales, Warden C. Carter, filed by Jerome Noble. (Attachments: #1 Civil Cover Sheet) (TPL) |
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