Garcia v. Singer
| Daniel Jose Garcia |
| PC Irving Singer |
| Office of the Corporation Counsel of the City of New York |
| 1:2023cv09414 |
| December 21, 2023 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| LaShann DeArcy Hall |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 14
ORDER: The Office of the Corporation Counsel for the City of New York ("Corporation Counsel") requests a sua sponte extension of time for defendant Singer to respond to pro se plaintiff's complaint. ECF No. 13. Corporation Counsel states that while defendant was served on January 19, 2024, service will not be "complete" pursuant to N.Y.C.P.L.R. 308(2) until ten days after the affidavit of service is filed on the Court's docket. This case is brought by an incarcerated pro se plaintiff who is proceeding in forma pauperis, and who is thus entitled to rely on the United States Marshal Service (USMS) to effectuate service. See Romandette v. Weetabix Co., 807 F.2d 309, 311 (2d Cir. 1986); ECF No. 10. As citation to N.Y.C.P.L.R. 308(2) is inapposite under these circumstances, the Court declines to indefinitely extend the deadline for defendant to respond to the complaint until 45 days after the USMS files proof of service. However, as this is a first request for an extension which is generally granted as a courtesy, the request for an extension is granted in part. Defendant Singer shall respond to the complaint by March 12, 2024. Any party seeking to file a dispositive motion shall consult Judge DeArcy Hall's Individual Rules. See attached Order. Ordered by Magistrate Judge Lois Bloom on 2/12/2024. (VP)
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| Filing 13 First MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Office of the Corporation Counsel of the City of New York. (Pellegrino, Nicolette) |
| Filing 12 NOTICE of Appearance by Nicolette Pellegrino on behalf of Office of the Corporation Counsel of the City of New York (aty to be noticed) (Pellegrino, Nicolette) |
| Filing 11 Summons Issued as to Officer Irving Singer. (VRM) |
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Filing 10
ORDER: The United States Marshals Service is directed to serve the summons, complaint, and a copy of this Order upon the named defendant without prepayment of fees. See attached Order. Ordered by Magistrate Judge Lois Bloom on 1/4/2024. (IK)
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| Filing 9 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (CV) |
| Filing 8 Case transferred in from District of New York Southern; Case Number 1:23-cv-09936. Original file certified copy of transfer order and docket sheet received. Modified on 12/21/2023 (CV). |
| The case of Garcia v. Singer, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 23-9414. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (CV) |
| MAILING RECEIPT: Document No: 6. Mailed to: Daniel Jose Garcia 4412303401 Otis Batum (OBCC 1600 Hazen St East Elmhurst, NY 11370. (vn) [Transferred from New York Southern on 12/21/2023.] |
| MAILING RECEIPT: Document No: 5. Mailed to: Daniel Jose Garcia 4412303401 Otis Batum (OBCC 1600 Hazen St East Elmhurst, NY 11370. (sha) [Transferred from New York Southern on 12/21/2023.] |
| 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.(ks) [Transferred from New York Southern on 12/21/2023.] |
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Filing 7
ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern District of New York. 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). SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/13/2023) (ks) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 12/21/2023.] Modified on 12/21/2023 (CV).
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Filing 6
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 12/8/2023) (vn) [Transferred from New York Southern on 12/21/2023.] Modified on 12/21/2023 (CV).
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| Filing 5 PRISONER AUTHORIZATION. Document filed by Daniel Jose Garcia.(sc) [Transferred from New York Southern on 12/21/2023.] Modified on 12/21/2023 (CV). |
| Filing 4 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Daniel Jose Garcia.(sc) [Transferred from New York Southern on 12/21/2023.] Modified on 12/21/2023 (CV). |
| MAILING RECEIPT: Document No: 2. Mailed to: Daniel Jose Garcia 4412303401 Otis Batum (OBCC 1600 Hazen St East Elmhurst, NY 11370. (sha) [Transferred from New York Southern on 12/21/2023.] |
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Filing 3
ORDER DIRECTING PAYMENT OF FEES 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 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 12/13/2023. In Forma Pauperis (IFP) Application due by 12/13/2023. Prisoner Authorization Form due by 12/13/2023. (Signed by Judge Laura Taylor Swain on 11/13/2023) (sha)[Transferred from New York Southern on 12/21/2023.] Modified on 12/21/2023 (CV).
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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 12/21/2023.] |
| Filing 1 COMPLAINT against Singer. Document filed by Daniel Jose Garcia..(rdz) [Transferred from New York Southern on 12/21/2023.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 12/21/2023.] |
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