Baez v. Malin et al
| Candido Baez |
| Ms. Quick, Ms. Karen M. Cole, Ms. Bartleson, Ms. D. Hammon, Francis Steinbach, Mr. J. Kusisto, Bink, Kevin P. Bruen, Jim Gambino, Mary Vann, Ms. S. Dugon, Nancy P. Heywood, Dr. Lesley Malin, Dr. Doreen Smith, J. Vogel, Nancy J. Heywood, Jeff McKoy, Ms. Barleson, Mitchell, Jeffrey A. Hale, Brandon J. Smith, Bink, ORC, Michael Capra, Anthony Annucci, T. Mauro, T. TenEyck, Ms. Lamarr Banks, Jacqueline Reid, John Doe #1, Ms. D. Mason, Mr. Reyes, Anne Marie McGrath, Karen Bellamy, John Doe #2, Megan MacTavish and Mr. M. Vulcano |
| 9:2020cv00405 |
| April 6, 2020 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| David N Hurd |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 76 Mail Returned as Undeliverable; re: #75 Order. Sent to Baez at Address sent to: Greene Correctional Facility. Envelope reads "return to sender". (nas, ) |
Filing 75
DECISION AND ORDER: ORDERED that plaintiff notify the Clerk's Office and defendants' counsel of his current address within thirty (30) days of the filing date of this Decision and Order if he wishes to avoid dismissal of this action. ORDERED that in the event plaintiff fails to notify the Clerk of his current address within thirty (30) days of the filing date of this Decision and Order, this action shall be DISMISSED without prejudice without further order of this Court. Signed by Judge David N. Hurd on 4/28/2020. ( Notice of Compliance Deadline 5/28/2020, Case Review Deadline 6/30/2020){order served via regular mail on plaintiff}(nas )
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| Filing 74 Mail Returned as Undeliverable; re: Dkt. No. 73 Text Order. Sent to Baez at Address sent to Greene Correctional Facility. Envelope reads "refused".[review of DOCCS has plaintiff released] (nas, ) |
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Filing 73
TEXT ORDER: By Opinion and Order dated March 25, 2020, the Honorable Kenneth M. Karas of the Southern District of New York granted in part and denied in part defendants' #67 motion to dismiss, and severed and transferred all claims related to plaintiff's incarceration at Greene Correctional Facility, along with the following defendants, to the Northern District of New York: Hale, Dugon, B. Smith, Hammond, D. Smith, Cole, Reyes, Steinbach, Mauro, Gambino, TenEyck, Vogel, Crockwell, Annucci, McKoy, McGrath, Bellamy, Vulcano, Bruen, and Kusisto (collectively, the "Greene Defendants"). See Dkt. No. 71 ("Transfer Order"). Transfer was completed on April 7, 2020. See Dkt. No. 72. Consistent with the Transfer Order, the Clerk is directed to reinstate the Greene Defendants as parties to this action, and terminate the remaining defendants. Authorized by Judge David N. Hurd on 4/7/2020. {text order served via regular mail on plaintiff}(nas)
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| Filing 72 Case transferred in from District of New York Southern; Case Number 7:18-cv-02850. electronically transferred when case opened |
| PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Ms. S. Dugon, Brandon J. Smith, Dr. Doreen Smith, Ms. Karen M. Cole, Mr. Reyes, Francis Steinbach, T. Mauro, T. TenEyck, J. Vogel, Bink, ORC, Mr. M. Vulcano only, from the U.S.D.C. Southern District of New York to the United States District Court - Northern District of New York. (jca) [Transferred from New York Southern on 4/7/2020.] |
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Filing 71
OPINION AND ORDER re: #67 MOTION to Dismiss . filed by Mary Vann, Jeffrey A. Hale, J. Kusisto, Anthony Annucci, Ms. Bartleson, J. Vogel, Michael Capra, Jeff McKoy, Doreen Smith, Mitchell, Jim Gambino, Anne Marie McGrath, Nancy J. Heywood, Bink, ORC, Ms. S. Dugon, Jacqueline Reid, Francis Steinbach, Kevin P. Bruen, Brandon J. Smith, Megan MacTavish, Quick, Karen M. Cole, Reyes, Lamarr Banks, Karen Bellamy, D. Mason, Lesley Malin, T. Mauro, T. TenEyck, D. Hammon, M. Vulcano. For the reasons stated above, Defendants' Motion To Dismiss is granted in part and denied in part. All claims related to Plaintiff's incarceration at Greene and the Greene Defendants, with the exception of Plaintiff's claims against Defendants Mitchell, Heywood, MacTavish, and Vann, are severed and transferred to the Northern District of New York. Plaintiffs claims related to his incarceration at Sing Sing and against Defendants Mitchell, Heywood, MacTavish, and Vann are to remain in this District. If Plaintiff wishes to file a second amended complaint against the Defendants who Plaintiff intends to sue in their official and individual capacities, Plaintiff must do so within 30 days of the date of this Opinion. Plaintiff is advised that the second amended complaint will replace, not supplement, all prior complaints. The second amended complaint must contain all of the claims, factual allegations, and exhibits that Plaintiff wishes the Court to consider. Failure to file a second amended complaint may result of dismissal of certain of Plaintiff's claims with prejudice. The Clerk of the Court is respectfully directed to terminate the pending Motion, (Dkt. No. 67), and mail a copy of this Opinion to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/25/2020) (jca) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 4/7/2020.]
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| Pro Se Payment of Fee Processed: $119.69 Check processed by the Finance Department on 7/24/2019, Receipt Number 465401240622. (jkr) [Transferred from New York Southern on 4/7/2020.] |
| Filing 70 REPLY MEMORANDUM OF LAW in Support re: #67 MOTION to Dismiss . . Document filed by Anthony Annucci, Lamarr Banks, Barleson, Ms. Bartleson, Karen Bellamy, Kevin P. Bruen, Michael Capra, Karen M. Cole, Ms. S. Dugon, Jim Gambino, Jeffrey A. Hale, D. Hammon, Nancy P. Heywood, Nancy J. Heywood, J. Kusisto, Megan MacTavish, Lesley Malin, D. Mason, T. Mauro, Anne Marie McGrath, Jeff McKoy, Mitchell, Quick, Jacqueline Reid, Reyes, Brandon J. Smith, Doreen Smith, Francis Steinbach, T. TenEyck, Mary Vann, J. Vogel, M. Vulcano. (Attachments: #1 Affidavit of Service)(Gashi, Jennifer) [Transferred from New York Southern on 4/7/2020.] |
| Filing 69 PLAINTIFF'S OPPOSITION(RESPONSE) TO DEFENDANT'S MOTION TO DISMISS THE COMPLAINT; re: #67 MOTION to Dismiss . Document filed by Candido Baez. (sc) [Transferred from New York Southern on 4/7/2020.] |
| Filing 68 MEMORANDUM OF LAW in Support re: #67 MOTION to Dismiss . . Document filed by Anthony Annucci, Lamarr Banks, Ms. Bartleson, Karen Bellamy, Bink, ORC, Kevin P. Bruen, Michael Capra, Karen M. Cole, Ms. S. Dugon, Jim Gambino, Jeffrey A. Hale, D. Hammon, Nancy J. Heywood, J. Kusisto, Megan MacTavish, Lesley Malin, D. Mason, T. Mauro, Anne Marie McGrath, Jeff McKoy, Mitchell, Quick, Jacqueline Reid, Reyes, Brandon J. Smith, Doreen Smith, Francis Steinbach, T. TenEyck, Mary Vann, J. Vogel, M. Vulcano. (Gashi, Jennifer) [Transferred from New York Southern on 4/7/2020.] |
| Filing 67 MOTION to Dismiss . Document filed by Anthony Annucci, Lamarr Banks, Ms. Bartleson, Karen Bellamy, Bink, ORC, Kevin P. Bruen, Michael Capra, Karen M. Cole, Ms. S. Dugon, Jim Gambino, Jeffrey A. Hale, D. Hammon, Nancy J. Heywood, J. Kusisto, Megan MacTavish, Lesley Malin, D. Mason, T. Mauro, Anne Marie McGrath, Jeff McKoy, Mitchell, Quick, Jacqueline Reid, Reyes, Brandon J. Smith, Doreen Smith, Francis Steinbach, T. TenEyck, Mary Vann, J. Vogel, M. Vulcano.(Gashi, Jennifer) [Transferred from New York Southern on 4/7/2020.] |
| Filing 66 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Megan MacTavish served on 2/22/2019, answer due 4/23/2019. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) [Transferred from New York Southern on 4/7/2020.] |
| Filing 65 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Ms. Bartleson served on 2/22/2019, answer due 4/23/2019. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) [Transferred from New York Southern on 4/7/2020.] |
| Filing 64 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. Mary Vann served on 2/22/2019, answer due 4/23/2019. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (vba) [Transferred from New York Southern on 4/7/2020.] |
| Filing 63 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. J. Kusisto served on 2/25/2019, answer due 4/26/2019. Service was accepted by Jennifer Gashi, Attorney. Document filed by Candido Baez. (vba) [Transferred from New York Southern on 4/7/2020.] |
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Filing 62
MEMO ENDORSEMENT on re: #61 Letter, filed by Candido Baez. ENDORSEMENT: Plaintiff can make these points in his opposition to the Defense Motion, which is due April 25, 2019. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Responses due by 4/25/2019) (Signed by Judge Kenneth M. Karas on 2/28/2019) (jca) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 4/7/2020.]
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| Mailed a copy of #62 Memo Endorsement, Set Deadlines, to Candido Baez 90-A-3203 Greene Correctional Facility P.O. Box 975 Coxsackie, NY 12051. (aea) [Transferred from New York Southern on 4/7/2020.] |
| Filing 61 LETTER from C. Baez dated 2/15/19 re: Plaintiff submits this letter as a formal objection to Defendant's "pre-motion conference for defendant's motion to dismiss pursuant to His Honor's Individual Rule II(A)." Document filed by Candido Baez.(sc) [Transferred from New York Southern on 4/7/2020.] |
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Filing 60
ORDER terminating #58 Letter Motion for Conference: Defense motion to Dismiss/Transfer is due 3/25/19. Plaintiff's response is due 4/25/19. Defense reply is due 5/16/19. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 2/25/2019) (jwh) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 4/7/2020.]
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| Filing 59 NOTICE OF APPEARANCE by Jennifer Rose Gashi on behalf of J. Kusisto. (Gashi, Jennifer) [Transferred from New York Southern on 4/7/2020.] |
| Mailed a copy of #60 Order on Motion for Conference, to Candido Baez 90-A-3203 Greene Correctional Facility P.O. Box 975 Coxsackie, NY 12051. (aea) [Transferred from New York Southern on 4/7/2020.] |
| Filing 58 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Jennifer Gashi dated February 11, 2019. Document filed by Anthony Annucci, Lamarr Banks, Ms. Bartleson, Karen Bellamy, Bink, ORC, Kevin P. Bruen, Michael Capra, Karen M. Cole, Ms. S. Dugon, Jim Gambino, Jeffrey A. Hale, Nancy J. Heywood, Megan MacTavish, Lesley Malin, D. Mason, T. Mauro, Anne Marie McGrath, Jeff McKoy, Mitchell, Quick, Jacqueline Reid, Reyes, Brandon J. Smith, Doreen Smith, Francis Steinbach, T. TenEyck, Mary Vann, J. Vogel, M. Vulcano.(Gashi, Jennifer) [Transferred from New York Southern on 4/7/2020.] |
| Filing 57 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,, served. Mitchell served on 1/31/2019, answer due 2/21/2019. Service was accepted by Juanita Green IRC. Document filed by Candido Baez. (vba) [Transferred from New York Southern on 4/7/2020.] |
| Filing 56 AMENDED COMPLAINT; re: amending #2 Complaint, against Anthony Annucci, Lamarr Banks, Ms. Bartleson, Karen Bellamy, Bink, ORC, Kevin P. Bruen, Michael Capra, Karen M. Cole, Ms. S. Dugon, Jim Gambino, Jeffrey A. Hale, Nancy J. Heywood, J. Kusisto, Megan MacTavish, Lesley Malin, D. Mason, T. Mauro, Anne Marie McGrath, Jeff McKoy, Mitchell, Quick, Jacqueline Reid, Reyes, Brandon J. Smith, Doreen Smith, F. Steinbach, T. TenEyck, Mary Vann, J. Vogel, M. Vulcano with JURY DEMAND.Document filed by Candido Baez. Related document: #2 Complaint.(sc) [Transferred from New York Southern on 4/7/2020.] |
| SUMMONS ISSUED as to J. Kusisto. (bwa) [Transferred from New York Southern on 4/7/2020.] |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 1/14/2019 Re: Judge Kenneth M. Karas #55 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Mr. J. Kusisto. (bwa) [Transferred from New York Southern on 4/7/2020.] |
| Mailed a copy of #54 Memo Endorsement, to Candido Baez 90-A-3203 Greene Correctional Facility P.O. Box 975 Coxsackie, NY 12051. (aea) [Transferred from New York Southern on 4/7/2020.] |
| Mailed a copy of #55 Order of Service,, to Candido Baez 90-A-3203 Greene Correctional Facility P.O. Box 975 Coxsackie, NY 12051. (bwa) [Transferred from New York Southern on 4/7/2020.] |
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Filing 55
ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk of Court is also instructed to complete USM-285 forms with the address for Defendants Mr. J. Kusisto and deliver all documents necessary to effect service on this Defendant to the U.S. Marshals Service. The Court certifies under 28 U.S.C. l 915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/11/2019) (rjm)[Transferred from New York Southern on 4/7/2020.]
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Filing 54
MEMO ENDORSEMENT on re: #53 Letter, filed by Candido Baez. ENDORSEMENT: In Order to proceed against Megan MacTavish and Mary Vann, Plaintiff must file an Amended Complaint naming them as Defendants and replacing "John Doe" references with the appropriate names. Defendants Shaunte Mitchell and Ms. Bartleson are already named and the Court has ordered service on these Defendants. Defendant J. Kusrsto is also already named in the Complaint; The Court will issue an Order of Service for the provided address. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 1/11/2019) (jca) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 4/7/2020.]
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| Filing 53 LETTER from C. Baez, dated 12/28/18 re: Plaintiff requests that the Court accept this letter as a formal application to file an amended complaint, by replacing the names of the identified "John Doe #1" as Director of Guidance and Counseling Megan MacTavish and "John Doe #2" as Assistant Commissioner of Program Service Mary Vann etc. Document filed by Candido Baez.(sc) [Transferred from New York Southern on 4/7/2020.] |
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Filing 52
FRCP 4 SERVICE PACKAGE MAILED to Candido Baez 90-A-3203, at Greene Correctional Facility P.O. Box 975 Coxsackie, NY 12051, on 12/18/2018 Re: #51 Order of Service via REGULAR MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (bwa) [Transferred from New York Southern on 4/7/2020.]
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| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 12/18/2018 Re: Judge Kenneth M. Karas #51 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Ms. Bartleson, Shaunte Mitchell, Megan MacTavish, Mary Vann. (bwa) [Transferred from New York Southern on 4/7/2020.] |
| SUMMONS ISSUED as to Ms. Bartleson, Shaunte Mitchell, Megan MacTavish, Mary Vann. (bwa) [Transferred from New York Southern on 4/7/2020.] |
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Filing 51
ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk of Court is also instructed to complete USM-285 forms with the addresses for Defendants Bartleson, Mitchell, MacTavish and Vann and deliver all documents necessary to effect service on these defendants to the U.S. Marshals Service. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/17/2018) (jca) [Transferred from New York Southern on 4/7/2020.]
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Filing 50
ORDER granting #49 Letter Motion for Extension of Time to Answer. ENDORSEMENT: The Court will issue a new Order of Service. If Plaintiff wishes to proceed against the identified DOE Defendants Megan MacTavish and Mary Vann, Plaintiff is directed to file an Amended Complaint including them as Defendants, as well as an address of service for Defendant Mr. J. Kusisto. Defendants' request for an extension of time to answer is granted; all Defendants' Answers are due February 18, 2019. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. SO ORDERED. (Anthony Annucci answer due 2/18/2019; Lamarr Banks answer due 2/18/2019; Barleson answer due 2/18/2019; Karen Bellamy answer due 2/18/2019; Bink, ORC answer due 2/18/2019; Kevin P. Bruen answer due 2/18/2019; Michael Capra answer due 2/18/2019; Karen M. Cole answer due 2/18/2019; Ms. S. Dugon answer due 2/18/2019; Jim Gambino answer due 2/18/2019; Jeffrey A. Hale answer due 2/18/2019; D. Hammon answer due 2/18/2019; Nancy P. Heywood answer due 2/18/2019; John Doe #1 answer due 2/18/2019; John Doe #2 answer due 2/18/2019; J. Kusisto answer due 2/18/2019; Lesley Malin answer due 2/18/2019; D. Mason answer due 2/18/2019; T. Mauro answer due 2/18/2019; Anne Marie McGrath answer due 2/18/2019; Jeff McKoy answer due 2/18/2019; Mitchell answer due 2/18/2019; Quick answer due 2/18/2019; Jacqueline Reid answer due 2/18/2019; Reyes answer due 2/18/2019; Brandon J. Smith answer due 2/18/2019; Doreen Smith answer due 2/18/2019; Francis Steinbach answer due 2/18/2019; T. TenEyck answer due 2/18/2019; J. Vogel answer due 2/18/2019; M. Vulcano answer due 2/18/2019.) (Signed by Judge Kenneth M. Karas on 12/17/2018) (jca) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 4/7/2020.]
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| Mailed a copy of #50 Order on Motion for Extension of Time to Answer, to Candido Baez 90-A-3203 Greene Correctional Facility P.O. Box 975 Coxsackie, NY 12051. (aea) [Transferred from New York Southern on 4/7/2020.] |
| Filing 49 LETTER MOTION for Extension of Time to File Answer addressed to Judge Kenneth M. Karas from Jennifer Gashi dated December 12, 2018. Document filed by Anthony Annucci, Lamarr Banks, Karen Bellamy, Bink, ORC, Kevin P. Bruen, Michael Capra, Karen M. Cole, Ms. S. Dugon, Jim Gambino, Jeffrey A. Hale, D. Hammon, Nancy P. Heywood, Lesley Malin, D. Mason, T. Mauro, Anne Marie McGrath, Jeff McKoy, Quick, Jacqueline Reid, Reyes, Brandon J. Smith, Doreen Smith, Francis Steinbach, T. TenEyck, J. Vogel, M. Vulcano.(Gashi, Jennifer) [Transferred from New York Southern on 4/7/2020.] |
| Filing 48 NOTICE OF APPEARANCE by Jennifer Rose Gashi on behalf of Lesley Malin. (Gashi, Jennifer) [Transferred from New York Southern on 4/7/2020.] |
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Filing 47
ORDER granting #46 Letter Motion for Extension of Time to Answer. Granted. SO ORDERED. (Anthony Annucci answer due 12/16/2018; Lamarr Banks answer due 12/16/2018; Barleson answer due 12/16/2018; Karen Bellamy answer due 12/16/2018; Bink, ORC answer due 12/16/2018; Kevin P. Bruen answer due 12/16/2018; Michael Capra answer due 12/16/2018; Karen M. Cole answer due 12/16/2018; Ms. S. Dugon answer due 12/16/2018; Jim Gambino answer due 12/16/2018; Jeffrey A. Hale answer due 12/16/2018; D. Hammon answer due 12/16/2018; Nancy P. Heywood answer due 12/16/2018; John Doe #1 answer due 12/16/2018; John Doe #2 answer due 12/16/2018; J. Kusisto answer due 12/16/2018; Lesley Malin answer due 12/16/2018; D. Mason answer due 12/16/2018; T. Mauro answer due 12/16/2018; Anne Marie McGrath answer due 12/16/2018; Jeff McKoy answer due 12/16/2018; Mitchell answer due 12/16/2018; Quick answer due 12/16/2018; Jacqueline Reid answer due 12/16/2018; Reyes answer due 12/16/2018; Brandon J. Smith answer due 12/16/2018; Doreen Smith answer due 12/16/2018; Francis Steinbach answer due 12/16/2018; T. TenEyck answer due 12/16/2018; J. Vogel answer due 12/16/2018; M. Vulcano answer due 12/16/2018) (Signed by Judge Kenneth M. Karas on 10/15/2018) (jca) [Transferred from New York Southern on 4/7/2020.]
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| Filing 46 LETTER MOTION for Extension of Time to File Answer addressed to Judge Kenneth M. Karas from Jennifer Gashi dated October 12, 2018. Document filed by Anthony Annucci, Lamarr Banks, Karen Bellamy, Bink, ORC, Kevin P. Bruen, Michael Capra, Karen M. Cole, Ms. S. Dugon, Jim Gambino, Jeffrey A. Hale, D. Hammon, Nancy P. Heywood, D. Mason, T. Mauro, Anne Marie McGrath, Jeff McKoy, Quick, Jacqueline Reid, Reyes, Brandon J. Smith, Doreen Smith, Francis Steinbach, T. TenEyck, J. Vogel, M. Vulcano.(Gashi, Jennifer) [Transferred from New York Southern on 4/7/2020.] |
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Filing 45
ORDER: For the reasons stated above, Plaintiff's request for assignment of counsel is denied without prejudice. Plaintiff may renew his request and provide the Court with additional information regarding his circumstances, including whether he has attempted to retain counsel and why the appointment of counsel is necessary in this case. The Clerk is respectfully directed to terminate the pending motion, (see Dkt. No. 39), and mail a copy of this Order to Plaintiff. To the extent Plaintiff wishes to assert claims of retaliation or lack of adequate access to the law library and insufficient resources at the library, he must file a new action alleging those claims. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/2/2018) (mml) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 4/7/2020.]
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| Mailed a copy of #45 Order, to Candido Baez 90-A-3203 Greene Correctional Facility P.O. Box 975 Coxsackie, NY 12051. (aea) [Transferred from New York Southern on 4/7/2020.] |
| Filing 44 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint, served. Mitchell served on 9/19/2018, answer due 10/10/2018. Service was accepted by R. Gardiner, C.O. Document filed by Candido Baez. (sc) [Transferred from New York Southern on 4/7/2020.] |
| Filing 43 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint, served. Barleson served on 9/10/2018, answer due 11/9/2018. Service was made by Mail, signed and returned by Jennifer Gashi, Attorney. Document filed by Candido Baez. (sc) [Transferred from New York Southern on 4/7/2020.] |
| Filing 42 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint, served. Lesley Malin served on 9/19/2018, answer due 10/10/2018. Service was accepted by R. Gardiner, C.O. Document filed by Candido Baez. (sc) [Transferred from New York Southern on 4/7/2020.] |
| Filing 41 NOTICE OF APPEARANCE by Jennifer Rose Gashi on behalf of Reyes. (Gashi, Jennifer) [Transferred from New York Southern on 4/7/2020.] |
| Filing 40 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Reyes served on 9/14/2018, answer due 11/13/2018. Service was accepted by Jennifer Gashi, Esq. Document filed by Candido Baez. (vba) [Transferred from New York Southern on 4/7/2020.] |
| Filing 39 LETTER from Candido Baez dated 9/16/2018 re: Plaintiff request that his case be placed on the Pro Bono panel for counsel. Document filed by Candido Baez.(kv) [Transferred from New York Southern on 4/7/2020.] |
| Filing 38 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Jim Gambino served on 9/7/2018, answer due 11/6/2018. Summons and Amended Complaint, served. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) Modified on 9/17/2018 (aea). [Transferred from New York Southern on 4/7/2020.] |
| Filing 37 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Lamarr Banks served on 8/31/2018, answer due 10/30/2018. Summons and Complaint, served. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) Modified on 9/17/2018 (aea). [Transferred from New York Southern on 4/7/2020.] |
| Filing 36 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Francis Steinbach served on 8/31/2018, answer due 10/30/2018. Summons and Amended Complaint, served. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) Modified on 9/17/2018 (aea). [Transferred from New York Southern on 4/7/2020.] |
| Filing 35 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Ms. S. Dugon served on 8/31/2018, answer due 10/30/2018. Summons and Amended Complaint, served. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) Modified on 9/17/2018 (aea). [Transferred from New York Southern on 4/7/2020.] |
| Filing 34 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Jeff McKoy served on 8/31/2018, answer due 10/30/2018. Summons and Amended Complaint, served. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) (Additional attachment(s) added on 9/17/2018: #1 USM285) (aea). Modified on 9/17/2018 (aea). [Transferred from New York Southern on 4/7/2020.] |
| Filing 33 NOTICE OF APPEARANCE by Jennifer Rose Gashi on behalf of Jim Gambino. (Gashi, Jennifer) [Transferred from New York Southern on 4/7/2020.] |
| Filing 32 NOTICE OF APPEARANCE by Jennifer Rose Gashi on behalf of Lamarr Banks, Ms. S. Dugon, D. Mason, Jeff McKoy, Francis Steinbach. (Gashi, Jennifer) [Transferred from New York Southern on 4/7/2020.] |
| Filing 31 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Michael Capra served on 8/17/2018, answer due 10/16/2018. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) [Transferred from New York Southern on 4/7/2020.] |
| Filing 30 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Quick served on 8/17/2018, answer due 10/16/2018. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) [Transferred from New York Southern on 4/7/2020.] |
| Filing 29 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. D. Mason served on 8/17/2018, answer due 10/16/2018. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) [Transferred from New York Southern on 4/7/2020.] |
| Filing 28 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. T. Mauro served on 8/17/2018, answer due 10/16/2018. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) [Transferred from New York Southern on 4/7/2020.] |
| Filing 27 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. T. TenEyck served on 8/17/2018, answer due 10/16/2018. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) [Transferred from New York Southern on 4/7/2020.] |
| Filing 26 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. J. Vogel served on 8/17/2018, answer due 10/16/2018. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) [Transferred from New York Southern on 4/7/2020.] |
| Filing 25 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Bink, ORC served on 8/17/2018, answer due 10/16/2018. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) [Transferred from New York Southern on 4/7/2020.] |
| Filing 24 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. M. Vulcano served on 8/17/2018, answer due 10/16/2018. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) [Transferred from New York Southern on 4/7/2020.] |
| Filing 23 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Jacqueline Reid served on 8/17/2018, answer due 10/16/2018. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) [Transferred from New York Southern on 4/7/2020.] |
| Filing 22 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Nancy P. Heywood served on 8/17/2018, answer due 10/16/2018. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) [Transferred from New York Southern on 4/7/2020.] |
| Filing 21 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Anthony Annucci served on 8/17/2018, answer due 10/16/2018. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) [Transferred from New York Southern on 4/7/2020.] |
| Filing 20 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Anne Marie McGrath served on 8/17/2018, answer due 10/16/2018. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) [Transferred from New York Southern on 4/7/2020.] |
| Filing 19 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Karen Bellamy served on 8/17/2018, answer due 10/16/2018. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) [Transferred from New York Southern on 4/7/2020.] |
| Filing 18 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Kevin P. Bruen served on 3/30/2018, answer due 5/29/2018. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) [Transferred from New York Southern on 4/7/2020.] |
| Filing 17 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Brandon J. Smith served on 8/17/2018, answer due 10/16/2018. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) [Transferred from New York Southern on 4/7/2020.] |
| Filing 16 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. D. Hammon served on 8/17/2018, answer due 10/16/2018. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) [Transferred from New York Southern on 4/7/2020.] |
| Filing 15 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Doreen Smith served on 8/17/2018, answer due 10/16/2018. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) (aea). [Transferred from New York Southern on 4/7/2020.] |
| Filing 14 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Karen M. Cole served on 8/17/2018, answer due 10/16/2018. Service was accepted by Jennifer Gashi - Attorney. Document filed by Candido Baez. (aea) [Transferred from New York Southern on 4/7/2020.] |
| Filing 13 NOTICE OF APPEARANCE by Jennifer Rose Gashi on behalf of Bink, ORC, Karen M. Cole, T. Mauro, Brandon J. Smith, Doreen Smith, T. TenEyck. (Gashi, Jennifer) [Transferred from New York Southern on 4/7/2020.] |
| Filing 12 NOTICE OF APPEARANCE by Jennifer Rose Gashi on behalf of Anthony Annucci, Kevin P. Bruen, D. Hammon, Nancy P. Heywood, Anne Marie McGrath, J. Vogel. (Gashi, Jennifer) [Transferred from New York Southern on 4/7/2020.] |
| Filing 11 NOTICE OF APPEARANCE by Jennifer Rose Gashi on behalf of Karen Bellamy, Michael Capra, Jeffrey A. Hale, D. Mason, Quick, Jacqueline Reid, M. Vulcano. (Gashi, Jennifer) [Transferred from New York Southern on 4/7/2020.] |
| Filing 10 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Jeffrey A. Hale served on 8/2/2018, answer due 10/1/2018. Service was accepted by Jeffrey Hale - Self. Document filed by Candido Baez. (aea) [Transferred from New York Southern on 4/7/2020.] |
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Filing 9
FRCP 4 SERVICE PACKAGE MAILED to Candido Baez, at Greene Correctional Facility P.O. Box 975 Coxsackie, NY 12051, on 07/23/2018 Re: #8 Order of Service, via REGULAR MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (sbr) [Transferred from New York Southern on 4/7/2020.]
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| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 07/23/2018 Re: Judge Kenneth M. Karas #8 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Malin, Capra, Banks, Mason, Mitchell, Hale, Quick, Reid, Bartleson, Dugon, Brandon J. Smith, Hammon, Doreen Smith, Cole, Reyes, Steinbach, Mauro, Gambino, Heywood, TenEyck, Vogel, Bink, Annucci, McKoy, McGrath, Bellamy, Vulcano, and Bruen. (sbr)[Transferred from New York Southern on 4/7/2020.] |
| SUMMONS ISSUED as to All Defendants. (sbr) [Transferred from New York Southern on 4/7/2020.] |
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Filing 8
ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk of Court is also instructed to complete USM-285 forms with the addresses for Defendants Malin, Capra, Banks, Mason, Mitchell, Hale, Quick, Reid, Bartleson, Dugon, Brandon J. Smith, Hammon, Doreen Smith, Cole, Reyes, Steinbach, Mauro, Gambino, Heywood, TenEyck, Vogel, Bink, Annucci, McKoy, McGrath, Bellamy, Vulcano, and Bruen and deliver all documents necessary to effect service on these defendants to the U.S. Marshals Service. The Clerk of Court is further directed to mail a copy of this order and the complaint to the Attorney General of the State of New York at 28 Liberty Street, New York, New York 10005. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (USM-285 Form due by 8/13/2018. Request for Issuance of Summons due by 8/13/2018.) (Signed by Judge Kenneth M. Karas on 7/12/18) (yv) (Main Document 8 replaced on 7/13/2018) (fk). [Transferred from New York Southern on 4/7/2020.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #8 Order of Service, to the Docket Assistant Clerk for case processing. (yv) [Transferred from New York Southern on 4/7/2020.] |
| Mailed a copy of #8 Order of Service, #2 Complaint, to Candido Baez 90-A-3203 Greene Correctional Facility P.O. Box 975 Coxsackie, NY 12051. (vba) [Transferred from New York Southern on 4/7/2020.] |
| NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Colleen McMahon is no longer assigned to the case. (jc) [Transferred from New York Southern on 4/7/2020.] |
| Magistrate Judge Paul E. Davison is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jc) [Transferred from New York Southern on 4/7/2020.] |
| Mailed a copy of #6 Order Granting IFP Application in Prisoner Case, to Candido Baez, 90-A-3203, Greene Correctional Facility, P.O. Box 975, Coxsackie, NY 12051, and to Superintendent Greene Correctional Facility, 165 Plank Road, PO Box 8, Coxsackie, NY 12051-0008. (aea) [Transferred from New York Southern on 4/7/2020.] |
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Filing 6
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: Plaintiff's application for leave to proceed without prepayment of fees is granted. A prisoner bringing a civil action is required to pay the full $350 filing fee even when proceeding in forma pauperis (IFP), that is, without prepayment of fees.... The Court must collect, when funds exist in a prisoner's account, an initial partial filing fee plus monthly payments. The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. The Clerk of Court is also directed to send a copy of this order to Plaintiff and note service on the docket. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Colleen McMahon on 7/9/2018) (sac) [Transferred from New York Southern on 4/7/2020.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #6 Order Granting IFP Application in Prisoner Case,to the Docket Assistant Clerk for case processing. (sac) [Transferred from New York Southern on 4/7/2020.] |
| Filing 5 PRISONER AUTHORIZATION. Document filed by Candido Baez.(sc) [Transferred from New York Southern on 4/7/2020.] |
| Filing 4 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR DUES. Document filed by Candido Baez.(sc) [Transferred from New York Southern on 4/7/2020.] |
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Filing 3
ORDER DIRECTING PAYMENT OF FEES OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the relevant fees or submit a signed IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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).Fees due by 6/1/2018. In Forma Pauperis (IFP) Application due by 6/1/2018. Prisoner Authorization Form due by 6/1/2018. (Signed by Judge Colleen McMahon on May 2, 2018) (Attachments: #1 IFP Application, #2 Prisoner Authorization)(jjg) [Transferred from New York Southern on 4/7/2020.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (ma) [Transferred from New York Southern on 4/7/2020.] |
| Transmission to Docket Assistant Clerk. Transmitted re: #3 Order Directing Payment of Fee or IFP Application & Prisoner Authorization,,,, to the Docket Assistant Clerk for case processing. (jjg) [Transferred from New York Southern on 4/7/2020.] |
| Mailed a copy of #3 Order Directing Payment of Fee or IFP Application & Prisoner Authorization to Candido Baez 90-A-3203 Green Correctional Facility P.O. Box 975 Coxsackie, NY 12051. (mhe) [Transferred from New York Southern on 4/7/2020.] |
| Filing 2 COMPLAINT against Anthony Annucci, Lamarr Banks, Barleson, Karen Bellamy, Michael Capra, Karen M. Cole, Ms. S. Dugon, Jim Gambino, Jeffrey A. Hale, D. Hammon, John Doe #1, John Doe #2, J. Kusisto, Lesley Malin, D. Mason, T. Mauro, Anne Marie McGrath, Jeff McKoy, Mitchell, Quick, Jacqueline Reid, Reyes, Brandon J. Smith, Doreen Smith, Francis Steinbach, T. TenEyck. Document filed by Candido Baez. (Attachments: #1 Exhibit, #2 Exhibit)(rdz) [Transferred from New York Southern on 4/7/2020.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Candido Baez.(rdz) [Transferred from New York Southern on 4/7/2020.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 4/7/2020.] |
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