Morinville v. Dzurenda et al
| Carlos Morinville |
| James Dzurenda, Officer Sza, Officer Murphy, Officer Papa, Officer Edgeworth and Corporal Keller |
| 2:2021cv06819 |
| December 8, 2021 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Arlene R Lindsay |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 10 Notice of Related Cases: 21-cv-6088-JMA-ARL, 21-cv-6447-JMA-ARL and 22-cv-526-JMA-ARL The Case was directly assigned as a related Pro Se/Habeas Case. (Cox, Dwayne) |
| Filing 9 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 Nassau County Correctional Facility 1/26/22. (Grady, Jessica) |
| Cases associated, Case Consolidated. (Coleman, Laurie) |
| Incomplete ACO Case Termination/Statistical/Non Reportable Closing. (Coleman, Laurie) |
Filing 8
ORDER - Incarcerated pro se plaintiff Carlos Morinville ("Plaintiff") has filed three in forma pauperis complaints alleging claims pursuant to 42 U.S.C. 1983 against Nassau County Sheriff James Dzurenda ("Sheriff Dzurenda") and fourteen (14) named and unidentified corrections officers working at the Nassau County Correctional Center (the "Jail"). For the forgoing reasons, Plaintiff's application to proceed in forma pauperis in each case is granted and the complaints in Morinville I, Morinville II, and Morinville III are consolidated pursuant to Federal Rule of Civil Procedure 42 into the first filed case, 21-CV-6088, Morinville I. The Clerk of Court is directed to: (1) consolidate these actions; and (2) mark Morinville II (21- CV-6447) and Morinville III (21-CV-6819) closed. All future filings are to be docketed in only Morinville I, 21-6088. Plaintiffs claims against Sheriff Dzurenda, Cpl. Keller and the Jane Does in Morinville II are dismissed without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B), 1915A(b). Plaintiff's remaining claims against C.O. Richardson, C.O. Bien, C.O. Griffin, Cpl. Imhoe, C.O. Murphy, C.O. Edgeworth, C.O. Sza, C.O. Papa, and Jane Doe shall proceed. The Clerk of Court shall send a copy of this Order together with summonses for the named defendants and copies of the consolidated complaints to the USMS for service forthwith. 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 (1962). The Clerk of Court shall mail a copy of this Order to Plaintiff at his address of record. Ordered by Judge Joan M. Azrack on 1/24/2022. (Coleman, Laurie)
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| Filing 7 Prisoner Authorization (Cubano, Jazmin) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis by James Dzurenda. (Cubano, Jazmin) |
| Filing 5 LETTER dated 12/14/2021 from Pro Se Office to Carlos Morinville re Acknowledgment of your civil action(s). (Coleman, Laurie) |
| Filing 4 Notice of Related Cases: 21-cv-6088-JMA-ARL and 21-cv-6447-JMA-ARL The Civil Cover Sheet filed in this civil action indicates a related case. (Cox, Dwayne) |
| Filing 3 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 2 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 $402 is required in order to commence a civil action. Alternatively, you may request to waive the filing fee by completing an in forma pauperis (IFP) application. Lastly, you must also complete the Prisoner Authorization (PLRA) form. CM 12/8/21 (Cox, Dwayne) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Carlos Morinville. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne) |
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