Lapierre et al v. Dzurenda et al
| Jahlil Treasure, Antinio Cullal, Westley Witts, Nercin Chacon, Jose Herndez, Ely Thomas, Daniel Padilla, Lenny Taveras, Matthew Martinez, Jonathan Scully, Shawn Trent and Eugene Lapierre |
| James E. Dzurenda, Capt. Donahue, C.O. Barrera, Capt. Golio, Dr. Donna M. Henig, Sgt. Maronne, C.O. Horan, John Doe and C.O. Torcha |
| 2:2021cv00464 |
| January 27, 2021 |
| US District Court for the Eastern District of New York |
| Arlene R Lindsay |
| Joanna Seybert |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 19, 2021. A more recent docket listing may be available from PACER.
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| Filing 36 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 35
MEMORANDUM & ORDER granting #2 Motion for Leave to Proceed in forma pauperis; terminating #19 Motion for Leave to Proceed in forma pauperis; terminating #22 Motion for Leave to Proceed in forma pauperis; terminating #25 Motion for Leave to Proceed in forma pauperis; terminating #27 Motion for Leave to Proceed in forma pauperis; terminating #30 Motion for Leave to Proceed in forma pauperis; granting #32 Motion for Leave to File; denying #33 Motion to Certify Class. For the following reasons, this action shall proceed with Plaintiff LaPierre as the sole Plaintiff, except that Plaintiff's Eighth Amendment cruel and unusual punishment claim, his denial of access to the courts claim, and his claims against the John Doe Kitchen Supervisor are DISMISSED WITHOUT PREJUDICE. Additionally, Plaintiff LaPierre's application to proceed in forma pauperis is GRANTED; the application for a preliminary injunction is DENIED; leave to amend is GRANTED; the motion for class certification is DENIED; and the request for the appointment of pro bono counsel is DENIED without prejudice and with leave to renew at a later stage in these proceedings, if warranted. Moreover, claims brought by Plaintiffs Padilla, Treasure, Martinez, Cullal, Chacon, and Herndez are DISMISSED WITHOUT PREJUDICE for failure to prosecute. Finally, claims asserted by Plaintiffs Scully, Thomas, Trent, Taveras, and Witts are DISMISSED WITHOUT PREJUDICE to refiling as separate actions. See Memorandum & Order for all additional details. So Ordered by Judge Joanna Seybert on 3/17/2021. C/M (Valle, Christine)
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| Filing 34 Letter from Pro Se Office in response to phone conversation with Plaintiff Lapierre on March 17, 2021 in which Plaintiff asked for the total cost to purchase every document on the docket. CM 3/17/21 (Grady, Jessica) |
| Filing 33 MOTION to Certify Class by Eugene Lapierre. (Valle, Christine) |
| Filing 32 Notice of MOTION for Leave to File Document Amended Complaint by Eugene Lapierre. (Valle, Christine) |
| Filing 31 Prisoner Authorization filed by W. Witts. (Valle, Christine) |
| Filing 30 MOTION for Leave to Proceed in forma pauperis by Westley Witts. (Valle, Christine) |
| Filing 29 AFFIDAVIT filed by Westley Witts. (Valle, Christine) |
| Filing 28 Prisoner Authorization filed by L. Taveras. (Valle, Christine) |
| Filing 27 MOTION for Leave to Proceed in forma pauperis by Lenny Taveras. (Valle, Christine) |
| Filing 26 Prisoner Authorization filed by S. Trent. (Valle, Christine) |
| Filing 25 MOTION for Leave to Proceed in forma pauperis by Shawn Trent. (Valle, Christine) |
| Filing 24 AFFIDAVIT Re: #1 Complaint, filed by Shawn Trent. (Valle, Christine) |
| Filing 23 Prisoner Authorization filed by E. Thomas. (Valle, Christine) |
| Filing 22 MOTION for Leave to Proceed in forma pauperis by Ely Thomas. (Valle, Christine) |
| Filing 21 AFFIDAVIT Re: #1 Complaint, filed by Ely Thomas. (Valle, Christine) |
| Filing 20 Prisoner Authorization filed by Jonathan Scully. (Valle, Christine) |
| Filing 19 MOTION for Leave to Proceed in forma pauperis by Jonathan Scully. (Valle, Christine) |
| Filing 18 Mail Returned as Undeliverable - NOTICE OF DEFICIENCY sent to Jahlil Treasure marked Return to Sender; Discharged. (Valle, Christine) |
| Filing 17 Mail Returned as Undeliverable - NOTICE OF DEFICIENCY sent to Daniel Padilla marked Return to Sender; Discharged. (Valle, Christine) |
| Filing 16 NOTICE OF DEFICIENT FILING, litigant Jahlil Treasure notified of deficiency(s) that must be corrected within fourteen (14) days. (Valle, Christine) |
| Filing 15 NOTICE OF DEFICIENT FILING, litigant Daniel Padilla notified of deficiency(s) that must be corrected within fourteen (14) days. (Valle, Christine) |
| Filing 14 NOTICE OF DEFICIENT FILING, litigant Ely Thomas notified of deficiency(s) that must be corrected within fourteen (14) days. (Valle, Christine) |
| Filing 13 NOTICE OF DEFICIENT FILING, litigant Matthew Martinez notified of deficiency(s) that must be corrected within fourteen (14) days. (Valle, Christine) |
| Filing 12 NOTICE OF DEFICIENT FILING, litigant Jose Herndez notified of deficiency(s) that must be corrected within fourteen (14) days. (Valle, Christine) |
| Filing 11 NOTICE OF DEFICIENT FILING, litigant Jonathan Scully notified of deficiency(s) that must be corrected within fourteen (14) days. (Valle, Christine) |
| Filing 10 NOTICE OF DEFICIENT FILING, litigant Lenny Taveras notified of deficiency(s) that must be corrected within fourteen (14) days. (Valle, Christine) |
| Filing 9 NOTICE OF DEFICIENT FILING, litigant Antonio Cullal notified of deficiency(s) that must be corrected within fourteen (14) days. (Valle, Christine) |
| Filing 8 NOTICE OF DEFICIENT FILING, litigant Shawn Trent notified of deficiency(s) that must be corrected within fourteen (14) days. (Valle, Christine) |
| Filing 7 NOTICE OF DEFICIENT FILING, litigant Nercin Chacon notified of deficiency(s) that must be corrected within fourteen (14) days. (Valle, Christine) |
| Filing 6 NOTICE OF DEFICIENT FILING, litigant Westley Witts notified of deficiency(s) that must be corrected within fourteen (14) days. (Valle, Christine) |
| Filing 5 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. (Landow, Concetta) |
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Filing 4
Order to Show Cause by Nercin Chacon, Antinio Cullal, Jose Herndez, Eugene Lapierre, Matthew Martinez, Daniel Padilla, Jonathan Scully, Lenny Taveras, Ely Thomas, Jahlil Treasure, Shawn Trent, Westley Witts (Attachments: #1 Declaration in Support, #2 Memorandum of Law, #3 Sworn Affifavit in Support of Class Action, #4 Affaidavit in Support of Rule 65 (B), #5 Defendants Hunger Strike Notice, #6 Exhibits) (Landow, Concetta)
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| Filing 3 Prisoner Authorization (Landow, Concetta) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Eugene Lapierre. (Landow, Concetta) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Jonathan Scully, Matthew Martinez, Daniel Padilla, Eugene Lapierre, Jahlil Treasure, Lenny Taveras, Nercin Chacon, Jose Herndez, Antinio Cullal, Shawn Trent, Westley Witts, Ely Thomas. (Attachments: #1 Civil Cover Sheet) (Landow, Concetta) |
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