Ballard v. Dzurenda et al
| Dontra Ballard |
| Unknown SERT Team and James Dzurenda |
| 2:2020cv05241 |
| October 29, 2020 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Steven I Locke |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1983 Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 7 Letter dated December 23, 2020 from The Clerk of Court to Warden or Superintendent, Re: Pursuant to 28 U.S.C. 1915 (as amended July 26, 1996), plaintiff is proceeding in forma pauperis and must pay the total $350 fee by monthly installments deducted from plaintiff's prison trust find account (or institutional equivalent). Please forward copies of plaintiff's prison trust fund account for the past six months and disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Eastern District of New York. (Piper, Francine) |
Filing 6
MEMORANDUM AND ORDER. For the reasons stated in the attached Memorandum and Order, the Court dismisses this action against Sheriff Dzurenda for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2)(B)(ii), 1915A(b)(1). The Clerk of Court is respectfully requested to amend the caption to reflect his dismissal. The Court grants Plaintiff's request to proceed in forma pauperis pursuant to 28 U.S.C. 1915. The Court directs the Nassau County Attorney, in accordance with Valentin v. Dinkins, 121 F.3d 72, 76 (2d Cir. 1997) (per curiam), to ascertain the full name and service address of the two "unknown SERT" member Defendants involved in the alleged incidents on June 11, 2020 and June 18, 2020 in the NCCC's medical unit D-2-D and on July 16, 2020 in NCCC's housing unit E-2-B. The Nassau County Attorney need not undertake to defend or indemnify these individual officers merely because of the issuance of the order. This order provides a means by which Plaintiff may properly serve Defendants. Once this information is provided, the Complaint shall be deemed amended to reflect the full name and badge number of these corrections officers, a summons shall be issued, and the Court shall direct service on these Defendants. The Court refers this matter to the Honorable Steven I. Locke, 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. See Coppedge v. United States, 369 U.S. 438, 44445. Ordered by Judge Margo K. Brodie on 12/4/2020. (Valentin, Winnethka) Modified on 12/4/2020 (Valentin, Winnethka).
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| Filing 5 Prisoner Authorization (Piper, Francine) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by Dontra Ballard. (Piper, Francine) |
| Filing 3 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. re: #1 Complaint. The papers are deficient as a filing fee of $400, is required in order to commence a civil action. Alternatively, you may request to proceed in forma pauperis by completing an IFP application. In addition, a Prisoner Authorization (PLRA) form is required. (Cox, Dwayne) |
| Filing 2 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 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Dontra Ballard. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne) |
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