McCoy v. Smith et al
Plaintiff: Tymiek I. McCoy
Defendant: Kevin Smith, Raymond Stock, Paul Russo and Martin Lupo
Case Number: 2:2023cv02615
Filed: April 3, 2023
Court: US District Court for the Eastern District of New York
Presiding Judge: Gary R Brown
Referring Judge: Anne Y Shields
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 25, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 25, 2023 Filing 17 PLRA FILING FEE: $ 8.01, receipt number 200001703 (JC)
May 16, 2023 Filing 16 Letter from Clerk of Court to Warden or Superintendent dtd 5/16/2023: Accordingly, please forward a copy of plaintiffs 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. Please remember to include the above-referenced docket number on the disbursement checks before sending it to the Court. (JC)
May 16, 2023 Opinion or Order ORDER. The Clerk of the Court is respectfully directed to mail a copy of the order located at Docket Entry #13 to plaintiff at his address of record. Ordered by Judge Gary R. Brown on 5/16/2023. (MR)
May 15, 2023 Filing 15 AMENDED COMPLAINT against Paul Russo, Kevin Smith, Raymond Stock, filed by Tymiek I. McCoy. (JC)
May 15, 2023 Filing 14 Summons Issued as to Martin Lupo, Paul Russo, Kevin Smith, Raymond Stock, Suffolk Attorney (Notice Only). (JC)
May 15, 2023 Opinion or Order ORDER terminating #2 Motion for Leave to Proceed in forma pauperis. Ordered by Judge Gary R. Brown on 5/15/2023. (MR)
May 9, 2023 Opinion or Order Filing 13 ORDER granting #10 Motion for Leave to Proceed in forma pauperis: Accordingly, Plaintiffs application to proceed IFP is granted. The Court orders service of the summonses and complaint by the United States Marshal Service (USMS) upon the Defendants 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, 444-45 (1962). SEE ATTACHED ORDER FOR FURTHER DETAILS. So Ordered by Judge Gary R. Brown on 5/9/2023. (JC) - CM to Plaintiff
May 5, 2023 Filing 12 Letter from Pro Se Dept. to pro se litigant dtd 5/5/2023 returning the enclosed letter without docketing or consideration: The Court cannot ace on your submission(s). To the extent tl1at it is your intent to s tart a new action, or to file a motion, please request the appropriate form(s) from our website or from our office. If it is your intent to amend your complaint, please review the amended complaint packet (enclosed). Note, you cannot supplement your complaint. (JC)
May 1, 2023 Filing 11 Prisoner Authorization (JC)
May 1, 2023 Filing 10 MOTION for Leave to Proceed in forma pauperis by Tymiek I. McCoy. (JC)
April 24, 2023 Filing 9 Notice of Related Cases: 23-cv-3074-GRB-AYS and 23-cv-2651-GRB-AYS The Case was directly assigned as a related Pro Se/Habeas Case. (DC)
April 20, 2023 Filing 7 Letter from Pro Se Dept. to Tymiek I. McCoy dtd 4/20/23 acknowledging receipt to the civil action. (JC)
April 17, 2023 Filing 6 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. The Clerk's Office received your Civil Rights complaint and a docket number has been assigned to your submission. The papers are deficient as the in Jorma pauperis (IFP) and the Prisoner Authorization (PLRA) were signed by someone other than the plaintiff. SEE ATTACHED FOR FURTHER DETAILS. (JC)
April 13, 2023 Filing 8 COMPLAINT against Martin Lupo, Paul Russo, Kevin Smith, Raymond Stock Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Tymiek I. McCoy. (JC) Modified on 5/3/2023 regenerated for statistical purposes (JC).
April 6, 2023 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. (DC)
April 6, 2023 Filing 4 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 papers including complaints, petitions, motions or any other document, cannot be filed without an original signature pursuant to Rule 11 of the Federal Rules of Civil Procedure. Copy mailed to litigant 4/6/23 (DC)
April 3, 2023 Filing 3 Prisoner Authorization (DC)
April 3, 2023 Filing 2 MOTION for Leave to Proceed in forma pauperis by Tymiek I. McCoy. (DC)
April 3, 2023 Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Tymiek I. McCoy. (Attachments: #1 Letter, #2 Civil Cover Sheet) (DC)

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Plaintiff: Tymiek I. McCoy
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Defendant: Kevin Smith
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Defendant: Raymond Stock
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Defendant: Paul Russo
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Defendant: Martin Lupo
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