Pagan v. Venettozzi et al
| Jose Pagan |
| William Cardone, Donald Venettozzi, W. Purdy, Mary Jo LaPenna and Janet Cotto |
| 9:2018cv01094 |
| September 13, 2018 |
| US District Court for the Northern District of New York |
| Thomas J McAvoy |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on September 2, 2021. A more recent docket listing may be available from PACER.
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Filing 53
JUDGMENT entered dismissing the action pursuant to the 9/2/2021 Decision and Order of Senior Judge Thomas J. McAvoy.{judgment served via regular and certified mail on plaintiff} (nas)
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Filing 52
DECISION AND ORDER: DECISION AND ORDER: ORDERED that the Court ACCEPTS and ADOPTS the Report-Recommendation and Order (Dkt. No. #49 ) for the reasons stated therein. It is therefore ORDERED that Defendants' motion to dismiss (Dkt. No. #47 ) is GRANTED, and the Complaint (Dkt. No. #2 ) is DISMISSED pursuant to Federal Rules of Civil Procedure 37 and 41. The Clerk of the Court may close this file. Signed by Senior Judge Thomas J. McAvoy on September 2, 2021. {order served via regular and certified mail on plaintiff}(nas)
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Filing 51
RETURN RECEIPT: Received as to the #49 Report-Recommendation that was served on Jose Pagan. (rep)
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Filing 50
NOTICE of Appearance by Robert J. Rock on behalf of All Defendants (Rock, Robert)
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Filing 49
REPORT-RECOMMENDATION AND ORDER: It is hereby RECOMMENDED, that Defendants' Motion (Dkt. No. #47 ) be GRANTED; and it is further RECOMMENDED, that Plaintiff's Complaint be DISMISSED pursuant to Federal Rules of Civil Procedure 37 and 41; and it is ORDERED, that the Clerk of the Court serve a copy of this Report-Recommendation and Order upon the parties to this action. Pursuant to 28 U.S.C. 636(b)(1), the parties have fourteen (14) days within which to file written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN (14) DAYS WILL PRECLUDE APPELLATE REVIEW. Signed by Magistrate Judge Daniel J. Stewart on May 7, 2021. {Objections to R&R due by 5/21/2021; Case Review Deadline 5/24/2021} (Copy served via regular and certified mail, parcel no. 7002 0860 0002 2501 5224).(rep)
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Filing 48
ORDER: It is hereby ORDERED that Plaintiff shall file and serve any opposition to Defendants' Motion to Dismiss on or before April 12, 2021; and it is further ORDERED, that no further extensions for filing Plaintiff's opposition shall be granted absent a showing of extraordinary circumstances. Signed by Magistrate Judge Daniel J. Stewart on March 12, 2021. {Response to Motion due by 4/12/2021}. (Copy served via regular mail)(rep)
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TEXT NOTICE Re: #47 Motion to Dismiss for Lack of Prosecution: Plaintiff's Response to Motion due by 2/26/2021. Defendants' Reply to Response to Motion due by 3/5/2021. {Notice sent to plaintiff via regular mail}. (rep)
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Filing 47
MOTION to Dismiss for Lack of Prosecution Response to Motion due by 2/26/2021. Reply to Response to Motion due by 3/5/2021 filed by William Cardone, Janet Cotto, W. Purdy, Donald Venettozzi. (Attachments: #1 Declaration of Joshua E. McMahon) (McMahon, Joshua)
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Filing 46
ORDER: The Court orders that Plaintiff appear for a deposition on January 5, 2021 at 10 a.m. In light of the circumstances surrounding the Covid-19 pandemic, the Court further directs that the deposition take place by way of a remote audio or video conference service selected by Defendants. To facilitate scheduling the deposition, the Court further orders that Plaintiff provide Defendants counsel with a telephone number and/or e-mail address at which he can be reached for purposes of the deposition on or before December 30, 2020.Plaintiff is again advised that his failure to attend, be sworn and answer appropriate questions at the deposition ordered by the Court could result in sanctions being imposed under Fed. R. Civ. P. 37, including the sanction of the dismissal of his Complaint. In the event that Plaintiff fails to comply with the provisions of this Order, Defendants are granted permission to file an appropriate motion for sanctions. Plaintiff is reminded of his obligation to provide the Court and Defendants counsel notice of any change in his address. The discovery deadline in this case is extended to January 5, 2021 solely for purposes of completing Plaintiff's deposition. The deadline for filing dispositive motions is extended to February 5, 2021. Signed by Magistrate Judge Daniel J. Stewart on December 3, 2020. (Copy served via regular mail on plaintiff)(rep)
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Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Telephone Conference held on 12/2/2020. Appearances: Josh McMahon, AAG for Defendants. Plaintiff does not join the conference; the Clerk does not have a current phone number for Plaintiff. Counsel for defendant states that he has not been able to contact the Plaintiff for a period of time. The conference proceeds without Plaintiff. After hearing from counsel the Court grants an extension of the discovery deadline to January 5, 2021 for the purposes of completing deposition of the Plaintiff. The motion filing deadline is extended to February 5, 2021. (Court Reporter Jacqueline Stroffolino/CRD: D. Krug) (dpk, )
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Filing 45
TEXT ORDER granting #44 Letter Request for a conference to address discovery. A Telephone Conference is set for 12/2/2020 10:00 AM before Magistrate Judge Daniel J. Stewart. Signed by Magistrate Judge Daniel J. Stewart on 11/13/2020. (Copy served via regular mail)(gjr)
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Filing 44
Letter Request/ Letter Motion from Joshua E. McMahon for William Cardone, Janet Cotto, W. Purdy, Donald Venettozzi requesting a telephone conference to discuss issues concerning Discovery submitted to Judge Daniel J. Stewart . (McMahon, Joshua)
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Filing 43
TEXT ORDER: Granting counsel's #42 Letter Request for an extension of the discovery deadline. Discovery is now due by 11/12/2020. Dispositive Motions to be filed by 12/30/2020. SO ORDERED by Magistrate Judge Daniel J. Stewart on August 11, 2020. (Copy served via regular mail on plaintiff at 70 Winthrop Avenue, New Rochelle, NY 10801).(rep)
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Filing 42
Letter Request/ Letter Motion from Joshua E. McMahon for William Cardone, Janet Cotto, W. Purdy, Donald Venettozzi requesting a ninety (90) day extension of the discovery deadline submitted to Judge Daniel J. Stewart . (McMahon, Joshua)
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Filing 41
NOTICE of Appearance by Joshua E. McMahon on behalf of William Cardone, Janet Cotto, W. Purdy, Donald Venettozzi (McMahon, Joshua)
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Filing 40
NOTICE of Appearance by Kasey K. Hildonen on behalf of William Cardone, Janet Cotto, W. Purdy, Donald Venettozzi (Attachments: #1 Declaration of Service)(Hildonen, Kasey)
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Filing 39
MANDATORY PRETRIAL DISCOVERY AND SCHEDULING ORDER: Amended Pleadings due by 6/1/2020. Discovery due by 7/30/2020. Joinder of Parties due by 6/1/2020. Dispositive Motions to be filed by 9/30/2020. Signed by Magistrate Judge Daniel J. Stewart on January 30, 2020. (Copy served via regular mail)(rep)
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Filing 38
ANSWER to #2 Complaint by William Cardone, Janet Cotto, W. Purdy, Donald Venettozzi. (Attachments: #1 Declaration of Service)(Pinsonnault, Erik)
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Filing 37
DECISION AND ORDER: ORDERED that the Report-Recommendation of Magistrate Judge Stewart, dkt. #35 , is hereby ACCEPTED and ADOPTED. Defendant's motion to dismiss, dkt. #32 , is hereby GRANTED IN PART and DENIED IN PART, as follows: 1. The motion is granted with respect to Plaintiff's claims for declaratory relief against Defendants Cardone and Purdy; and 2. The motion is denied in all other respects. Signed by Senior Judge Thomas J. McAvoy on 1/15/2020.{order served via regular mail on plaintiff} (nas)
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Filing 36
Certified Mail Returned as Unclaimed; re: #35 Report and Recommendation. Sent to Pagan Address sent to 70 Winthrop Ave, New Rochelle NY. (nas, )
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***Answer due date updated for William Cardone answer due 1/29/2020; Janet Cotto answer due 1/29/2020; W. Purdy answer due 1/29/2020; Donald Venettozzi answer due 1/29/2020. (nas, )
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Filing 35
REPORT-RECOMMENDATION AND ORDER: It is hereby RECOMMENDED, that Defendants' #32 Motion to Dismiss be GRANTED IN PART and DENIED IN PART; and it is further RECOMMENDED, that Plaintiff's claim for declaratory relief against Defendants Cardone and Purdy be DISMISSED; and it is further RECOMMENDED, that the Motion be DENIED in all other respects; and it is ORDERED, that the Clerk of the Court serve a copy of this Report-Recommendation and Order upon the parties to this action. Pursuant to 28 U.S.C. 636(b)(1), the parties have fourteen (14) days within which to file written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN (14) DAYS WILL PRECLUDE APPELLATE REVIEW. Objections to R&R due by 12/23/2019; Case Review Deadline 12/27/2019. Signed by Magistrate Judge Daniel J. Stewart on December 6, 2019. {Copy served via regular and certified mail, parcel no. 7014 1200 0001 3023 4761}.(rep)
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Filing 34
ORDER: It is hereby ORDERED, that Plaintiff shall file and serve any opposition to Defendants' Motion to Dismiss on or before August 30, 2019; and it is further ORDERED, that no further extensions for filing Plaintiff's opposition shall be granted absent a showing of extraordinary circumstances. Signed by Magistrate Judge Daniel J. Stewart on 7/23/2019. (Copy served via regular mail)(nas, )
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Filing 33
NOTICE to plaintiff of response deadline of 6/17/19 for #32 MOTION to Dismiss for Failure to State a Claim (nas, )
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Filing 32
MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 7/4/2019 09:30 AM in Albany before Magistrate Judge Daniel J. Stewart Response to Motion due by 6/17/2019 Reply to Response to Motion due by 6/24/2019. filed by William Cardone, Janet Cotto, W. Purdy, Donald Venettozzi. (Attachments: #1 Memorandum of Law, #2 Declaration of Service) (Pinsonnault, Erik)
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Filing 31
TEXT ORDER granting #30 Letter Request, William Cardone answer due 5/22/2019; Janet Cotto answer due 5/22/2019; W. Purdy answer due 5/22/2019; Donald Venettozzi answer due 5/22/2019. Authorized by Magistrate Judge Daniel J. Stewart on 4/4/19. {text order served via regular mail on plaintiff}(nas, )
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Filing 30
Letter Motion from Erik Pinsonnault for William Cardone, Janet Cotto, W. Purdy, Donald Venettozzi requesting Notice of Appearance and Extension of Time to Respond submitted to Judge Stewart . (Pinsonnault, Erik)
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Filing 29
BILL OF COSTS submitted by US Marshal re: Service Fees in the amount of $32.00. (nas, )
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Filing 28
ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to W. Purdy served on 2/25/2019, answer due 4/26/2019; Janet Cotto served on 2/25/2019, answer due 4/26/2019. Acknowledgment filed by W. Purdy; Janet Cotto. (Pinsonnault, Erik)
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Filing 27
TEXT ORDER granting #26 Letter Request. William Cardone and Donald Venettozzi responses to the amended complaint are due by 4/8/2019. Authorized by Magistrate Judge Daniel J. Stewart on 3/1/19. {text order served via regular mail on plaintiff}(nas)
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Filing 26
Letter Motion from Erik Pinsonnault for William Cardone, Donald Venettozzi requesting Extension of Time to Respond submitted to Judge Stewart . (Pinsonnault, Erik)
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Filing 25
Summons Issued as to Janet Cotto, W. Purdy. (nas, )
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Filing 24
DECISION AND ORDER: ORDERED that plaintiff's motion for reconsideration (Dkt. No. #12 ) is GRANTED in part and DENIED in part as follows:(1) plaintiff's motion is GRANTED with respect to his Fourteenth Amendment due process claims against defendants Cotto and Purdy, which claims SURVIVE initial review and require a response from these defendants; and (2) plaintiff's motion is otherwise DENIED. ORDERED that the Clerk shall issue summonses and forward them, along with copies of the amended complaint, to the United States Marshal for service upon defendants Cotto and Purdy. ORDERED that a response to plaintiff's complaint be filed by defendants Cardone, Venettozzi, Cotto, and Purdy, or their counsel, as provided for in the Federal Rules of Civil Procedure. Signed by Senior Judge Thomas J. McAvoy on 2/21/19. {order served via regular mail on plaintiff}(nas, )
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***Answer due date updated for William Cardone answer due 3/8/2019; Donald Venettozzi answer due 3/8/2019. (nas, )
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Filing 23
Letter Motion from Erik Pinsonnault for William Cardone requesting Notice of Appearance submitted to Judge Stewart . (Pinsonnault, Erik)
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Filing 22
RESPONSE in Opposition re #12 MOTION for Reconsideration re #9 Order on Motion for Leave to Proceed in forma pauperis,,, filed by William Cardone, Donald Venettozzi. (Pinsonnault, Erik)
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Partial Filing fee: $ 14.91, receipt number SYR054223 (nas, )
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Filing 21
NOTICE of Change of Address by Jose Pagan Effective Date 1/24/2019. Old Address: Coxcakie Correctional Facility; New Address: 70 Winthrop Avenue, New Rochelle, New York 10801. (rar, )
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Filing 20
Declaration regarding service submitted by Pagan. (Attachments: #1 Exhibit(s))(nas, )
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Filing 19
TEXT ORDER: An Acknowledgment of Service has been filed with respect to defendant Cardone. See Dkt. No. 18. Counsel for defendants Cardone and Venettozzi shall have until January 31, 2019 to oppose plaintiff's #12 motion for reconsideration. Thereafter, the Court will decide plaintiff's motion in due course. The deadline for defendants Cardone and Venettozzi to respond to the complaint is stayed pending a Decision and Order on the motion for reconsideration. Plaintiff's #11 letter motion is granted to the extent he requests a copy of the Local Rules of Practice of the Northern District of New York, which the Clerk is directed to provide to plaintiff. Plaintiff's motion is denied to the extent plaintiff seeks permission to file a motion for reconsideration in light of plaintiff's subsequent filing of said motion. Authorized by Magistrate Judge Daniel J. Stewart on 1/16/19. {text order and Local Rules served via regular mail on plaintiff}(nas, )
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Filing 18
ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to William Cardone served on 11/6/2018, answer due 1/7/2019. Acknowledgment filed by William Cardone. (Pinsonnault, Erik)
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Filing 17
Summons Returned Unexecuted as to William Cardone. (rar, ) Modified on 12/31/2018 (nas, ).
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Filing 16
BILL OF COSTS dated 12/26/2018 submitted by US Marshal re: Service Fees in the amount of $16.00. (rar, )
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Filing 15
Text Order: Plaintiff has filed a #12 motion To Alter or Amend the Judgment, or to Reconsider with regard to the Court's #9 Decision and Order filed on November 5, 2018, which the Court liberally construes as a Motion for Reconsideration. Counsel for defendant Venettozzi has filed a #14 letter motion to stay defendant Venettozzis deadline to respond to the complaint until after the Court decides plaintiffs motion for reconsideration, or, alternatively, until February 6, 2019. Counsel's motion is granted in part and denied in part. Defendant Venettozzis deadline to respond to the complaint, or oppose the motion for reconsideration, is stayed pending service of the complaint on defendant Cardone. The Court will reset all deadlines once service on defendant Cardone is complete. Authorized by Magistrate Judge Daniel J. Stewart on 12/18/18. {text order served via regular mail on plaintiff}(nas, )
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Filing 14
Letter Motion from Erik Pinsonnault for Donald Venettozzi requesting Notice of Appearance and Stay of Response Deadline submitted to Judge Stewart . (Pinsonnault, Erik)
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Filing 13
ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Donald Venettozzi served on 11/6/2018, answer due 1/7/2019. Acknowledgment filed by Donald Venettozzi. (Pinsonnault, Erik)
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Filing 12
MOTION for Reconsideration of #9 Order filed by Jose Pagan. (Attachments: #1 cover letter, #2 envelope) (nas)
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Filing 11
Letter Motion from Jose Pagan requesting Court assistance and forms. (nas, )
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Filing 10
Summons Issued as to William Cardone, Donald Venettozzi. {copy of summons; order and complaint served on the Office of the Attorney General}(nas, )
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Filing 9
DECISION AND ORDER. Ordered that #7 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that plaintiff's due process claims against defendants Cardone and Venettozzi SURVIVE sua sponte review and require a response; ORDERED that plaintiff's Section 1983 claims for monetary relief against the defendants in their official capacities are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted. ORDERED that all remaining claims are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted; ORDERED that defendants Cotto, Purdy, and LaPenna are DISMISSED without prejudice as defendants. Service as directed. Signed by Senior Judge Thomas J. McAvoy on 11/5/18. (Order served on Plaintiff via regular mail).(nas, )
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Provided Superintendent of Coxsackie Correctional Facility with notice of instant action and copy of Inmate Authorization Form. Copies provided to financial deputy, Syracuse. (nas, )
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Filing 8
TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, and plaintiff was directed to respond to the Order if s/he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by Senior Judge Thomas J. McAvoy on 10/5/18. {text order served via regular mail on plaintiff}(nas, )
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Filing 7
MOTION for Leave to Proceed in forma pauperis filed by Jose Pagan. (nas, )
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Filing 6
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that plaintiff's IFP Application is DENIED as incomplete. ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that if plaintiff desires to pursue this action, he must so notify the Court WITHIN THIRTY (30) DAYS of the filing date of this Order and either (1) pay the full $400.00 filing fee for civil actions or (2) submit a completed and signed IFP Application that has been certified by an appropriate official at his facility. Signed by Senior Judge Thomas J. McAvoy on 9/19/18. {order and blank ifp form served via regular mail on plaintiff}(nas, )
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Filing 5
Case transferred in from District of New York Southern; Case Number 1:18-cv-07968. electronically transferred when case opened
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Filing 4
TRANSFER ORDER. The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Northern District of New York. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes the case in the Southern District of New York. 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 an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Colleen McMahon on 9/6/2018) (rjm) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 9/13/2018.]
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Mailed a copy of #4 Transfer Order N.D.N.Y. (Complaint)(case opening only), to Jose Pagan 00-A-0909 Coxsackie Correctional Facility P.O. Box 999 Coxsackie, NY 12051-0999. (aea) [Transferred from New York Southern on 9/13/2018.]
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Filing 3
PRISONER AUTHORIZATION. Document filed by Jose Pagan.(rdz) [Transferred from New York Southern on 9/13/2018.]
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Filing 2
COMPLAINT against William Cardone, Janet Cotto, Mary Jo LaPenna, W. Purdy, Donald Venettozzi. Document filed by Jose Pagan.(rdz) [Transferred from New York Southern on 9/13/2018.]
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jose Pagan.(rdz) [Transferred from New York Southern on 9/13/2018.]
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