Butler v. Suffolk County et al
| Keith Terrell Butler |
| Correctional Officer John Doe, Edwards, Lt. John Doe, Suffolk County, John Doe, CO #1688, Justin Francis, C. Crew, CO #1491, Errol D Toulon, Joseph A. Hanshe, Suffolk County Sheriff Department, Alex and James L. Tomarken |
| 2:2019cv06754 |
| December 2, 2019 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Brian M Cogan |
| William F Kuntz |
| Vera M Scanlon |
| Prisoner Petitions (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 12 SUMMONS ISSUED as to Justin Francis, Correctional Officer. (Courtesy copies of the Court's Order, Summons and Plaintiff's Complaint sent to Suffolk County Attorney Executive, Steven Bellone - via regular mail) (Latka-Mucha, Wieslawa) |
Filing 11
MEMORANDUM & ORDER: Accordingly, the Complaint is sua sponte dismissed against Suffolk County, Suffolk County Sheriffs Office, Sheriff Errol Toulon, James L. Tomarken, Commissioner of Suffolk County Department of Health Services and Joseph A. Hanshe for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2)(B)(ii), 1915A(b)(l). The Clerk of Court is respectfully requested to amend the caption to reflect their dismissal. Plaintiff's claims against the remaining defendants, including the unidentified individual Defendants shall proceed and the Court ORDERS service of the Summons and Complaint upon these Defendants by the USMS. The Clerk of the Court is further ORDERED to serve a copy of the Complaint together with this Order on the Suffolk County Attorney and the Suffolk County Attorney's Office is requested to attempt to ascertain the full names of the unidentified Suffolk County Corrections Officers who are described in the Complaint and to provide the names and address(es) where these Defendants can be served to the Court and to Plaintiff within thirty (30) days of the date that this Order is served upon it. Once the information is provided to the Court by the Suffolk County Attorney's Office, Plaintiff's Complaint shall be deemed amended to reflect the full name of the unnamed Defendants, an amended Summons shall be issued as to these Defendants, and the United States Marshals Service shall serve them. Plaintiff's request for the appointment of pro bono counsel is denied without prejudice. The case is referred to the Honorable Lois Bloom, United States Magistrate Judge, for pretrial supervision. 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 any appeal. SO ORDERED by Judge William F. Kuntz, II on 1/14/2020. C/mailed to pro se Plaintiff. (Parties: Suffolk County; Suffolk County Sheriff Department; James L. Tomarken, Commissioner of Health Services; Errol D Toulon, Suffolk County Correctional Facility; and Joseph A. Hanshe, Attorney at Law - terminated.) (Latka-Mucha, Wieslawa)
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ORDER denying [] Motion to Appoint Counsel. So Ordered by Judge William F. Kuntz, II on 12/18/2019. (Kuntz, William)
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ORDER granting [] Motion for Leave to Proceed in forma pauperis. So Ordered by Judge William F. Kuntz, II on 12/18/2019. (Kuntz, William)
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ORDER REASSIGNING CASE. Case reassigned to Judge William F. Kuntz, II and Magistrate Judge Vera M. Scanlon for all further proceedings. Judge Brian M. Cogan, Magistrate Judge Lois Bloom no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Dora Lizette Irizarry on 12/16/2019. (Davis, Kimberly)
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| Filing 10 Letter dated 12/9/2019 to the United States District Court from Sergeant Greg Lambert re: Plaintiff's MOTION for Leave to Proceed In Forma Pauperis. Sergeant Greg Lambert writes to inform the Court that Keith Butler has been discharged from the Suffolk County Correctional Facility. (Tavarez, Jennifer) |
| Filing 9 Letter dated November 26, 2019 "requesting appointment of an attorney and declining the settlement," filed by pro-se, plaintiff Keith Butler. (Love, Alexis) |
| Filing 8 Letter dated 12/2/19 to Warden or Superintending regarding plaintiff's prison trust fund account for the past six months as to Keith Terrell Butler. (Guzzi, Roseann) |
| 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. (Cox, Dwayne) |
| Filing 6 Case transferred in from District of New York Southern; Case Number 1:19-cv-10868. Original file certified copy of transfer order and docket sheet received. |
| Mailed a copy of #5 Order, to Keith Terrell Butler DIN No. 19A0179 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403-3600. (aea) [Transferred from New York Southern on 12/2/2019.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Eastern District of New York. (rjm) [Transferred from New York Southern on 12/2/2019.] |
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Filing 5
TRANSFER ORDER. The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. The Clerk of Court is further 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. 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 Colleen McMahon on 11/25/2019) (rjm) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 12/2/2019.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (rjm) [Transferred from New York Southern on 12/2/2019.] |
| MOTION for Leave to Proceed in forma pauperis see document #1 Request to Proceed In Forma Pauperis by Keith Terrell Butler. (Cox, Dwayne) |
| MOTION to Appoint Counsel see document #4 Application to Appoint Counsel by Keith Terrell Butler. (Cox, Dwayne) |
| Filing 4 APPLICATION to Appoint Counsel pursuant to 18 U.S.C. 3006(A)(g) (Habeas Corpus Petition). Document filed by Keith Terrell Butler. (sac) [Transferred from New York Southern on 12/2/2019.] |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Keith Terrell Butler. (sac) [Transferred from New York Southern on 12/2/2019.] |
| Filing 2 COMPLAINT against Alex, CO #1491, CO #1688, C. Crew, John Doe(#1), John Doe(#7), John Doe(#8), John Doe(#6), John Doe(#3), John Doe(#2), John Doe(#4), John Doe(#5), John Doe(Area Sgt.), John Doe, Edwards, Justin Francis, Joseph A. Hanshe, Suffolk County, Suffolk County Sheriff Department, James L. Tomarken, Errol D. Toulon. Document filed by Keith Terrell Butler. (sac) [Transferred from New York Southern on 12/2/2019.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Keith Terrell Butler. (sac) [Transferred from New York Southern on 12/2/2019.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 12/2/2019.] |
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