Villatoro v. Toulon et al
| Jose Villatoro |
| Errol Toulon, John Doe(s) A, John Doe B, John Doe C and Yaphank Correctional Facility |
| 2:2022cv00109 |
| January 5, 2022 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Steven I Locke |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on February 18, 2022. A more recent docket listing may be available from PACER.
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Filing 9
Notice to Pay Civil Filing Fee - Prisoner Cas. 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. (Coleman, Laurie)
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Filing 8
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. For the forgoing reasons (SEE ATTACHED ORDER for details), the Plaintiff's application to proceed in forma pauperis is granted. However, plaintiff's complaint is dismissed sua sponte pursuant to 28 U.S.C. 1915(e)(2)(B)(i)-(ii) and 1915A(b)(1) for failure to state a claim for relief as against Sheriff Toulon and the Jail. Plaintiffs remaining claims against John Does A-C shall proceed. Accordingly, the Court orders service of the summonses, the complaint and this order upon these defendants once their identities are ascertained in accordance with the procedure set forth above. (See supra at 7-8.) 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 the Plaintiff at his last known address. So Ordered by Judge Joan M. Azrack on 2/17/2022. c/m to pro se plaintiff (Coleman, Laurie)
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Filing 7
LETTER dated 2/1/2022 from Pro Se Office to Jose Villatoro. The Court is in receipt of your undated letter received on January 27, 2022, in which you request that any forms be sent to you in Spanish. However, all communication with the Court must be done in English. As such, we do not have any forms translated into Spanish. Please contact the Pro Se Office if you require further assistance. (Coleman, Laurie)
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Filing 6
LETTER undated/received 1/27/2022 from Jose Villatoro re Request for forms in Spanish. (Coleman, Laurie)
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Filing 5
Letter from Pro Se Department to Jose Villatoro acknowledging receipt of civil action. (Florio, Lisa)
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Filing 4
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)
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Filing 3
Prisoner Authorization (Cox, Dwayne)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Jose Villatoro. (Cox, Dwayne)
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Filing 1
COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Jose Villatoro. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne)
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