Garcia v. Long Tuminello, LLP et al
| Elmer Garcia |
| Long Tuminello, LLP, Richard I. Horowitz and Suffolk County |
| 2:2024cv02853 |
| April 15, 2024 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Anne Y Shields |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 13, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| NOTICE OF CHANGE OF ADDRESS to Elmer Garcia 24-B-1735, ELMIRA CORRECTIONAL FACILITY, P.O. Box 500, Elmira, NY 14902-0500, as per Azrack's 5/13/2024 Order. (LC) |
ORDER. On April 17, 2024, the Court sent a Notice of Deficiency ("Notice") to Plaintiff at his address of record, the Suffolk County Correctional Facility ("SCCF") because Plaintiff did not submit the required Prisoner Litigation Authorization form ("PLA") with his in forma pauperis application. (ECF No. 4.) Plaintiff did not respond and, on May 9, 2024, a case opening letter also sent to Plaintiff at the SCCF was returned as undeliverable and marked "DISCHARGE D." (ECF No. 8.) According to the information maintained by the New York State Department of Corrections and Community Supervision on its public website, Plaintiff was transferred to the Elmira Correctional Facility on April 25, 2024. See https://nysdoccslookup.doccs.ny.gov/ (last visited on May 10, 2024). Accordingly, as a one-time courtesy, the Clerk of the Court is directed to update Plaintiff's address of record and shall re-mail the Notice together with this Electronic Order and the PLA to Plaintiff, 24-B-1735, at the Elmira Correctional Facility and to note such mailing on the docket. Plaintiff is ON NOTICE that, going forward, it is his responsibility to keep his address current with the Court and a failure to do so may lead to dismissal of the complaint for failure to prosecute. Plaintiff shall complete and return the enclosed PLA within twenty-one (21) days from the date of this Order and is ON NOTICE that the complaint will be dismissed without prejudice absent timely compliance. 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). Ordered by Judge Joan M. Azrack on 5/13/2024. (JSB)
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| Filing 8 Mail Returned as Undeliverable. Mail sent to Elmer Garcia 774861 Suffolk County Correctional Facility 110 Center Drive Riverhead, NY 11901 from the Clerks Office containing a copy of #7 letter with enclosures (Document Filing Guidelines for Litigants; E-government act; docket sheet) returned on 5/9/2024. Return to sender/ Not deliverable as addressed/ Unable to forward/DISCHARGED. (AMF) Modified docket text on 5/10/2024 (AMF). |
| Filing 7 LETTER dated 4/29/2024 from The Central Islip Clerk's Office to Elmer Garcia. This letter acknowledges receipt of your civil action. (LC) |
| Filing 5 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (DC) |
| Filing 4 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. re: #1 Complaint. A total fee of $405 (consisting of $350 civil action filing fee and a $55 administrative fee) [in cash, if submitted in person] or by certified check or money order made payable to the Clerk of Court, U.S.D.C.,E.D.N.Y., is required in order to commence a civil action other than an application for a writ of habeas corpus or a motion under 28 U.S.C. 2255 - or -you may request to waive the $350 filing fee by completing an IFP application pursuant to 28 U.S.C. 1915. (Note: the $52 administrative fee does not apply where IFP is granted and you are a prisoner.) If you are a prisoner, you must also complete the Prisoner Authorization form along with the IFP application. An IFP application and/or Prisoner Authorization form is enclosed. (DC) |
| Filing 3 MOTION to Appoint Counsel by Elmer Garcia. (DC) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Elmer Garcia. (DC) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Elmer Garcia. (Attachments: #1 Civil Cover Sheet) (DC) |
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