Atkinson v. In the matter of the State of New York et al
| Anthony Atkinson |
| M.H.L. Act 10, Michael Connolly, Debbie Wance, Christopher Laline, Jonathan Miljus, Anne Marie McGrath, Ann Marie T. Sullivan, Anthony J. Annucci, Jimmie C. McCurdy, Donna Hall, Lawyer Tesla Carrasquillo, Esq., C.O LaRock, Grace Okocha, Jason D. Effman, Ph.D John A. Thomassen, Ph.D Brian Belfi and In the matter of the State of New York |
| 2:2020cv04497 |
| September 21, 2020 |
| US District Court for the Eastern District of New York |
| Joanna Seybert |
| Steven Tiscione |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 22 Letter from Pro Se Office to Pro Se Litigant dated 11/18/2020 Re: To advise that the Court is in receipt of Plaintiff's letter dated November 16, 2020; and to enclose a copy of the docket sheet which includes all filings to date. (Valle, Christine) |
| Filing 21 Prisoner Account Statement as to Anthony Atkinson. (Valle, Christine) |
| Filing 20 Notice to Pay Civil Filing Fee - Prisoner Case. Pursuant to 28 U.S.C. 1915 (as amended July 26, 1996), plaintiff/petitioner is proceeding in forma pauperis and must pay the total $350 fee by monthly installments deducted from plaintiffs/petitioners prison trust fund account (or institutional equivalent). Original letter sent to the Warden/Superintendent of Correctional Facility. (Valle, Christine) |
| Filing 19 Prisoner Authorization. (Florio, Lisa) |
| Filing 18 Letter from Anthony Atkinson to Hon. Tiscione dated 10/5/2020 Re: Acknowledgment of case transfer. (Valle, Christine) |
| Filing 17 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. (Valle, Christine) |
| Filing 16 Notice of Related Case: The Case was directly assigned as a related Pro Se/Habeas Case. (Cubano, Jazmin) |
| Filing 15 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. (Cubano, Jazmin) |
| Filing 14 Case transferred in from District of New York Southern; Case Number 1:20-cv-02147. Original file certified copy of transfer order and docket sheet received. |
| Mailed a copy of #13 Order, to Anthony Atkinson, CNYPC Bldg. 41, Unit 218, C# 63231, 9005 Old River Rd., Marcy, NY 13403-0300. (dsh) [Transferred from New York Southern on 9/25/2020.] |
| 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. (nb) [Transferred from New York Southern on 9/25/2020.] |
Filing 13
TRANSFER ORDER: The Clerk of Court is directed to 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. A summons shall not issue from this Court. This order closes this case. (Signed by Judge Louis L. Stanton on 9/14/2020) (nb) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 9/25/2020.]
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| Filing 12 LETTER addressed to Judge Louis L. Stanton from A. Atkinson, dated 9/2/20 re: The plaintiff's motion filed 9/20/18 and Exh. J filed 10/20/19, and appealed on 11/26/19 to the USCA 2nd Circuit reveals that the plaintiff has continued to litigate his criminal case despite the deliberate obstruction of his mailing and redress privileges. Document filed by Anthony Atkinson.(sc) [Transferred from New York Southern on 9/25/2020.] |
| Request for Copy of the updted Docket Sheet Received: Re #11 Letter. Request for Docket Report, from Anthony Atkinson received on 8/25/20. Transmission to Pro Se Assistants for processing. (sc) [Transferred from New York Southern on 9/25/2020.] |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Anthony Atkinson DIN No. 96-A-4870 CNYPC Box 3000 C# 63231, Unit 605 Marcy, NY 13403-0300 on 8/26/2020. (aan) [Transferred from New York Southern on 9/25/2020.] |
| Filing 11 LETTER from A. Atkinson, dated 8/19/20 re: I am writing in reference to Judge Stanton's 7/7/20 order regarding the plaintiff's extension time to file his amendment which was filed 6/3/20. And in the event that the Court did receive the amendment, could I obtain documentation acknowledging receipt of the amendment part of my action etc. Document filed by Anthony Atkinson.(sc) [Transferred from New York Southern on 9/25/2020.] |
| Mailed a copy of #10 Order to Show Cause, to Anthony Atkinson at DIN No. 96-A-4870, CNYPC Box 3000, C# 63231, Unit 605, Marcy, NY 13403-0300. (dsh) [Transferred from New York Southern on 9/25/2020.] |
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Filing 10
ORDER TO SHOW CAUSE: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Plaintiff's habeas corpus claims under 28 U.S.C. 2254 are dismissed without prejudice to any future 2254 petition Plaintiff might file in the appropriate District Court. Plaintiff's 1983 conditions-of-confinement claim arising out of his custody at the Manhattan Psychiatric Center, filed in forma pauperis under 28 U.S.C. 1915(a)(1), is dismissed for failure to state a claim on which relief may be granted. See 28 U.S.C. 1915(e)(2)(B)(ii). The Court orders Plaintiff to show cause within thirty days from the date of this order why his 1983 damages claim, arising out of the alleged failure to provide him with a timely probable cause hearing under Article 10, should not be transferred to the United States District Court for the Eastern District of New York. If Plaintiff fails to comply with this order within the time allowed, this matter will be transferred to the United States District Court for the Eastern District of New York. (Signed by Judge Louis L. Stanton on 8/14/2020) (nb) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 9/25/2020.]
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| ***DELETED DOCUMENT. Deleted document number #10 Letter. The document was incorrectly filed in this case. (sc) [Transferred from New York Southern on 9/25/2020.] |
| Filing 9 AMENDED COMPLAINT: amending 2 Complaint against Anthony J. Annucci, Brian Belfi, Tesla Carrasquillo, Esq., Michael Connolly, Jason D. Effman, Donna Hall, LaRock, Christopher Laline, Jimmie C. McCurdy, Anne Marie McGrath, Jonathan Miljus, Grace Okocha, Ann Marie T. Sullivan, John A. Thomassen, Debbie Wance with JURY DEMAND.Document filed by Anthony Atkinson. Related document: 2 Complaint..(ama) [Transferred from New York Southern on 9/25/2020.] |
| Filing 8 LETTER addressed to Clerk of Court from Anthony Atkinson dated 5/11/2020 re: I filed for an amendment and after reviewing my records I found that I implicated the wrong docket no. of 20-cv-2149. Document filed by Anthony Atkinson. (mml) [Transferred from New York Southern on 9/25/2020.] |
| Mailed a copy of #7 Order 60 Days Amended Complaint (case opening), to Anthony Atkinson, DIN No. 96-A-4870, Manhattan Psychiatric Center, Wards Island Complex, D9B2, 600 East 125th Street, New York, NY 10035-6095.(ml) [Transferred from New York Southern on 9/25/2020.] |
| ***DELETED DOCUMENT. Deleted document number #8 ORDER OF DISMISSAL UNDER 28 U.S.C. 1651. The document was incorrectly filed in this case. (sac) [Transferred from New York Southern on 9/25/2020.] |
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Filing 7
ORDER: Plaintiff Anthony Atkinson, who is currently detained in the Manhattan Psychiatric Center, is proceeding pro se and in forma pauperis. By order dated April 3, 2020, the Court directed Plaintiff to file an amended complaint within sixty days. On April 20, 2020, the Court received from Plaintiff a "motion to amend," which contains information he wishes to add to his original complaint. It is apparent from Plaintiff's submission that he had not received the Court's April 3, 2020 order when he submitted the April 20, 2020 motion. Plaintiff must still submit an amended complaint that addresses the deficiencies discussed in the Court's April 3, 2020 order. The Court grants Plaintiff an extension of time to comply with that order. Plaintiff is directed to file an amended complaint within sixty days of the date of this order. Because Plaintiff's amended complaint will completely replace, not supplement, the original complaint, any facts or claims that Plaintiff wishes to maintain must be included in the amended complaint. If Plaintiff fails to comply within the time allowed and cannot show good cause to excuse such failure, the action will be dismissed. This order will be mailed in chambers. (Signed by Judge Louis L. Stanton on 5/7/2020) (sac) [Transferred from New York Southern on 9/25/2020.]
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| Filing 6 MOTION to Amend Pur. FRCP 15. Document filed by Anthony Atkinson. (mro) [Transferred from New York Southern on 9/25/2020.] |
| Mailed a copy of #5 Order 60 Days Amended Complaint (case opening), to Anthony Atkinson at DIN No. 96-A-4870, Manhattan Psychiatric Center, Wards Island Complex, D9B2, 600 East 125th Street, New York, NY 10035-6095..(ml) [Transferred from New York Southern on 9/25/2020.] |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Unassigned is no longer assigned to the case. (ad) [Transferred from New York Southern on 9/25/2020.] |
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Filing 5
ORDER TO AMEND: Plaintiff is granted leave to file an amended complaint 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 20-CV-2147 (LLS). An Amended Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed and 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. This order will be mailed in chambers. SO ORDERED. (Signed by Judge Louis L. Stanton on 4/3/20) Copies Mailed By Chambers. (rdz) [Transferred from New York Southern on 9/25/2020.]
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| Filing 4 LETTER addressed to Hon. Judge(s) from Anthony Atkinson dated 3/13/2020 re: letter requesting Court to enter Judgement granting plaintiff additional relief. Document filed by Anthony Atkinson..(ks) [Transferred from New York Southern on 9/25/2020.] |
| Mailed a copy of #3 Order Granting IFP Application to Anthony Atkinson DIN No. 96-A-4870 Manhattan Psychiatric Center Wards Island Complex D9B2 600 East 125th Street New York, NY 10035-6095. (nb) [Transferred from New York Southern on 9/25/2020.] |
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Filing 3
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Colleen McMahon on 3/13/2020) (sac) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 9/25/2020.]
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| Case Designated ECF. (sac) [Transferred from New York Southern on 9/25/2020.] |
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