Allah v. Pacheco et al
| Officer Pacheco |
| Master Baye Balan Allah |
| Pacheco, Officer Bliech and Correction Officer Harris |
| 1:2024cv01533 |
| February 29, 2024 |
| US District Court for the Eastern District of New York |
| Taryn A Merkl |
| Eric N Vitaliano |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 7
ORDER: As set forth in the attached order, Plaintiff's motion to proceed in forma pauperis #2 is granted. In addition, as detailed in the attached order, in accordance with Valentin v. Dinkins, 121 F.3d 72 (2d. Cir. 1997) (per curiam), the Court hereby directs the Corporation Counsel of the City of New York to ascertain the full names of the officers alleged to have been involved in the incident underlying this case and to produce that information as detailed; it shall be submitted to the Court by 6/3/2024. Once the officers have been identified, Plaintiffs complaint shall be deemed amended to reflect the full names of these individuals as Defendants, a summons shall issue for each Defendant, and the Court shall direct service on these Defendants. The Clerk of Court is respectfully directed to mail a copy of the attached Order and the complaint to the Corporation Counsel, Special Federal Litigation Division, at 100 Church Street, New York, NY 10007. Ordered by Magistrate Judge Taryn A. Merkl on 4/18/2024. (ALG)
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| Filing 6 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 5 Case transferred in from District of New York Southern; Case Number 1:24-cv-01138. Original file certified copy of transfer order and docket sheet received. Modified on 2/29/2024 (CV). |
| The case of Allah v. Pacheco et al, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 24-cv-1533. 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) |
| MOTION for Leave to Proceed in forma pauperis #2 by Master Baye Balan Allah. (CV) |
| MAILING RECEIPT: Document No: 3. Mailed to: MasterBaye Balan Allah 129 Fulton St. New York, NY 10038. (nb) [Transferred from New York Southern on 2/29/2024.] |
| 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. (mml) [Transferred from New York Southern on 2/29/2024.] |
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Filing 4
TRANSFER 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 in this court. 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. 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 2/21/2024) (mml) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 2/29/2024.] Modified on 2/29/2024 (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 2/29/2024.] |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Master Baye Balan Allah..(rdz) [Transferred from New York Southern on 2/29/2024.] |
| Filing 1 COMPLAINT against Bliech, Harris, Pacheco. Document filed by Master Baye Balan Allah..(rdz) [Transferred from New York Southern on 2/29/2024.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 2/29/2024.] |
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