Vizcarrondo v. City of New York et al
| Vizcarrondo, Steven Vizcarrondo and Stephen Vizcarrondo |
| City of New York, Dep. Mendez, Michael R. Bloomberg, John Doe, Governor Cuomo, Commissioner Dora B. Schriro and Rose Agro |
| 1:2015cv00240 |
| January 13, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Paul A Engelmayer |
| James C Francis |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 27, 2018. A more recent docket listing may be available from PACER.
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| Pro Se Payment of Fee Processed: $350.00 Check processed by the Finance Department on 12/27/2018, Receipt Number 465401225439. (cco) |
| Filing 43 MANDATE of USCA (Certified Copy) as to #42 Notice of Appeal filed by Steven Vizcarrondo. USCA Case Number 16-2886. Ordered that the appeal is DISMISSED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/21/2016. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #42 Notice of Appeal filed by Steven Vizcarrondo were transmitted to the U.S. Court of Appeals. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #42 Notice of Appeal. (nd) |
| Filing 42 NOTICE OF APPEAL from #41 Clerk's Judgment, #40 Opinion & Order. Document filed by Steven Vizcarrondo. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (nd) |
| Appeal Remark as to #42 Notice of Appeal filed by Steven Vizcarrondo. Request to proceed in forma pauperis status was granted on 1/28/2015. Therefore, new motion to proceed in forma pauperis on appeal attached to notice of appeal was not processed. (nd) Modified on 8/19/2016 (nd). |
| Mailed notice of Right to Appeal re: #41 Clerk's Judgment, to Steven Vizcarrondo 14-A-3016 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403. (ca) |
| Transmission to Docket Assistant Clerk. Transmitted re: #41 Clerk's Judgment, to the Docket Assistant Clerk for case processing. (dt) |
| Filing 41 CLERK'S JUDGMENT: That for the reasons stated in the Court's Opinion and Order dated July 26, 2016, the recommendation is adopted and Vizcarrondo's Complaint is dismissed with prejudice; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 7/29/2016) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt) |
| Mailed a copy of #40 Memorandum & Opinion, to Steven Vizcarrondo. (vj) |
Filing 40
OPINION & ORDER re: #25 MOTION to Dismiss the Amended Complaint, filed by Michael R. Bloomberg, Rose Agro, Dora B. Schriro. For the foregoing reasons, the Court dismisses Vizcarrondo's Complaint with prejudice. The Clerk of Court is directed to close this case. The Court directs the Clerk to mail a copy of this decision to plaintiff at the address on file. (As further set forth in this Opinion) (Signed by Judge Paul A. Engelmayer on 7/26/2016) (kl)
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| Transmission to Docket Assistant Clerk. Transmitted re: #40 Memorandum & Opinion, to the Docket Assistant Clerk for case processing. (kl) |
| Transmission to Judgments and Orders Clerk. Transmitted re: #40 Memorandum & Opinion, to the Judgments and Orders Clerk. (kl) |
| Filing 39 LETTER from Stephen Vizcarrondo dated 6/7/16 re: Plaintiff informs the Court that he is awaiting this Court's response to a motion filed over sixty days ago. Document filed by Steven Vizcarrondo.(sc) |
| Mailed a copy of #38 Memo Endorsement, to Steven Vizcarrondo 14-A-3016 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403. (ca) |
| Transmission to Docket Assistant Clerk. Transmitted re: #38 Memo Endorsement, to the Docket Assistant Clerk for case processing. (kl) |
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Filing 38
MEMO ENDORSEMENT on re: #37 Letter filed by Steven Vizcarrondo. ENDORSEMENT: The March 8, 2016 Report and Recommendation of the Hon. James C. Francis IV is under consideration by this Court. The Court has received plaintiff's objections and these will be considered. A hearing will not be scheduled. The Clerk is respectfully directed to mail a copy of this Order to plaintiff. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/23/2016) (kl)
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| Filing 37 LETTER from Stephen Vizcarrondo dated 5/16/16 re: Plaintiff requests that the Court provide him with the status of his motion based on an objection/reconsideration. Document filed by Steven Vizcarrondo.(sc) |
| Filing 36 MOTION Of Objection As Well As Reconsideration. Document filed by Steven Vizcarrondo.(man) |
| Filing 33 REPORT AND RECOMMENDATION. For the reasons discussed above, I recommend that the defendants' motion (Docket no. 25) be granted, and the Amended Complaint be dismissed. re: #25 MOTION to Dismiss the Amended Complaint filed by Michael R. Bloomberg, Rose Agro, Dora B. Schriro. Objections to R&R due by 3/25/2016. (Signed by Magistrate Judge James C. Francis on 3/8/2016) Copies Mailed By Chambers. (rjm) |
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Filing 32
ORDER denying as moot #31 Letter Motion for Extension of Time to File Response/Reply. The motion is deemed fully submitted. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James)
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| Filing 31 LETTER MOTION for Extension of Time to File Response/Reply or for the Court to Consider Defendants' Motion Fully Submitted Without Opposition addressed to Magistrate Judge James C. Francis IV from Elizabeth C. DeGori dated 02/12/2016. Document filed by Rose Agro, Michael R. Bloomberg, Dora B. Schriro.(Degori, Elizabeth) |
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Filing 30
ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Stephen Vizcarrondo dated 12/23/2015 re: request for extension to respond to Defendants' Motion to Dismiss. ENDORSEMENT: Application granted in part and denied in part. Plaintiff's time to answer the motion is extended to January 29, 2016. No further extensions will be granted. Defendants shall reply by February 12, 2016. SO ORDERED. (Responses due by 1/29/2016. Replies due by 2/12/2016.) (Signed by Magistrate Judge James C. Francis on 12/29/2015) (adc)
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Filing 29
ORDER. Defendants Dora B. Schriro, Rose Agro, and Michael Bloomberg having moved to dismiss the complaint, it is hereby ORDERED as follows: 1. Plaintiff shall answer the motion by January 15, 2016. 2. Defendants shall reply by January 29, 2016. SO ORDERED. (Responses due by 1/15/2016. Replies due by 1/29/2016.) (Signed by Magistrate Judge James C. Francis on 12/15/2015) Copies Mailed By Chambers. (adc)
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| Filing 28 AFFIDAVIT OF SERVICE of Motion Papers served on Plaintiff on 12/14/2015. Service was made by Mail. Document filed by Rose Agro, Michael R. Bloomberg, Dora B. Schriro. (Degori, Elizabeth) |
| Filing 27 MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss the Amended Complaint. . Document filed by Rose Agro, Michael R. Bloomberg, Dora B. Schriro. (Degori, Elizabeth) |
| Filing 26 NOTICE of to Pro Se Litigant Opposing a Rule 12 Motion Supported by Matters Outside the Pleadings re: #25 MOTION to Dismiss the Amended Complaint.. Document filed by Rose Agro, Michael R. Bloomberg, Dora B. Schriro. (Attachments: #1 Exhibit Exhibit A: Fed. R. Civ. P. 56)(Degori, Elizabeth) |
| Filing 25 MOTION to Dismiss the Amended Complaint. Document filed by Rose Agro, Michael R. Bloomberg, Dora B. Schriro.(Degori, Elizabeth) |
| Filing 24 LETTER addressed to Magistrate Judge James C. Francis IV from Elizabeth C. DeGori dated 11/16/2015 re: Court's Order to Identify "John Doe" Defendant. Document filed by Rose Agro, Michael R. Bloomberg, Dora B. Schriro.(Degori, Elizabeth) |
| Filing 23 WAIVER OF SERVICE RETURNED EXECUTED. Michael R. Bloomberg waiver sent on 10/16/2015, answer due 12/15/2015. Document filed by Michael R. Bloomberg. (Degori, Elizabeth) |
| Filing 22 NOTICE OF APPEARANCE by Elizabeth Carolyn Degori on behalf of Rose Agro, Michael R. Bloomberg, Dora B. Schriro. (Degori, Elizabeth) |
| Filing 21 WAIVER OF SERVICE RETURNED UNEXECUTED as to Mendez. Document filed by Dep. Mendez. (Pinnock, Nadene) |
| Filing 20 WAIVER OF SERVICE RETURNED EXECUTED. Rose Agro waiver sent on 10/14/2015, answer due 12/14/2015; Dora B. Schriro waiver sent on 10/14/2015, answer due 12/14/2015. Document filed by Rose Agro; Dora B. Schriro. (Pinnock, Nadene) |
| FRCP 4 (Information Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 9/18/2015. The service package included: Initial Case Memo Letter, a copy of the Order of Service, change of address postcards, Judge's individual rules, a Notice about The Manual for Pro Se Litigants appearing before the Southern District of New York, instructions on how to file a motion and opposition, instructions on filing an amended complaint, application for counsel, a consent to proceed before a Magistrate Judge. (sbr) |
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Filing 19
ORDER OF SERVICE: The Clerk of Court is directed to notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that Deputy Mendez, Deputy of Security at G.R.V.C; Rose Agro, Warden of G.R.V.C.; Dora B. Schriro, former NYC Commissioner of Corrections; and Michael R. Bloomberg, former Mayor of the City of New York, waive service of summons. Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the district court in identifying a defendant. 121 F.3d 72, 76 (2d Cir. 1997). The plaintiff supplies sufficient information in the Amended Complaint to permit the City of New York to identify the "Corizon Health Services Manager at G.R.V.C." The Corporation Counsel for the City of New York shall therefore provide the plaintiff with the identity of this defendant and an address at which to effectuate service. This information shall be provided to the plaintiff by letter within 60 days of the date of this order, with a copy to the undersigned. The Pro Se Office at the United States Courthouse, 500 Pearl Street, Room 230, New York, New York 10007, phone number (212) 805-0175, may be of assistance to the plaintiff in connection with court procedures. Waiver of Service due by 10/22/2015. (Signed by Magistrate Judge James C. Francis on 9/17/2015) Copies Mailed By Chambers. (tn)
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| Filing 18 AMENDED COMPLAINT amending #1 Complaint against Michael R. Bloomberg, John Doe, Dora B. Schriro, Dep. Mendez, Rose Agro with JURY DEMAND. Document filed by Steven Vizcarrondo. Related document: #1 Complaint filed by Steven Vizcarrondo. (kko) |
| Filing 17 MEMO ENDORSEMENT on re: #16 Letter, filed by Steven Vizcarrondo. ENDORSEMENT: Application granted. (Amended Pleadings due by 8/28/2015.) (Signed by Magistrate Judge James C. Francis on 8/4/2015) (tn) |
| Filing 16 LETTER addressed to Judge Paul A. Engelmayer from Steven Vizcarrondo dated 7/24/15 re: (AMENDED COMPLAINT)-Plaintiff requests that the Court grant him an additional fourteen (14) days, until 8/28/15, to file the necessary legal papers per Magistrate Judge Francis's Memorandum & Order dated 7/114/15. Document filed by Steven Vizcarrondo.(sc) |
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Filing 15
MEMORANDUM AND ORDER granting #13 Motion to Amend/Correct: that plaintiff shall submit an amended complaint no later than August 14, 2015, failing which the dismissal of this action shall become final. That amended pleading should address each of the issues raised by Judge Engelmayer in his March 25 Opinion. In particular, in addition to identifying defendants with personal involvement in the alleged constitutional violations, the amended complaint must provide facts sufficient to show a violation of the Eighth Amendment. This resolves Docket no. 13, and as further set forth in this order. (Signed by Magistrate Judge James C. Francis on 7/14/2015) Copies Mailed By Chambers. (tn)
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| Set/Reset Deadlines: Amended Pleadings due by 8/14/2015. (tn) |
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Filing 14
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge James C. Francis. Motions referred to James C. Francis. (Signed by Judge Paul A. Engelmayer on 7/8/2015) (mro)
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| Filing 13 MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT; re: #1 Complaint. Document filed by Steven Vizcarrondo.(sc) |
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Filing 12
ORDER: On March 25, 2015, the Court dismissed plaintiff Steven Vizcarrondo's Complaint with leave to replead. Dkt. 11. In a letter dated April 5, which is enclosed with this Order, Vizcarrondo requested that the Court send him a copy of Judge Francis's Report and Recommendation in Howard v. City of New York, which the Court had said was attached to its Opinion dismissing Vizcarrondo's Complaint. Vizcarrondo also requests "an additional 45 days to replead" for several reasons, including his limited access to the prison law library and the complicated process of making photocopies in prison. Both of Vizcarrondo's requests are granted: Judge Francis's Report is attached to this order, and Vizcarrondo's Amended Complaint is now due June 30, 2015. SO ORDERED. (Amended Pleadings due by 6/30/2015.) (Signed by Judge Paul A. Engelmayer on 4/20/2015) (kl)
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Filing 11
OPINION & ORDER: Based on the foregoing, the Complaint is dismissed for failure to state a claim. The Court grants Vizcarrondo leave to replead should he be able to plausibly allege facts that do state a claim. The Clerk of Court is directed to close this case. The dismissal is without prejudice provided that Vizcarrondo files an Amended Complaint within 45 days. If no amended complaint is filed within 45 days, the dismissal will then be with prejudice. 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). (Signed by Judge Paul A. Engelmayer on 3/25/2015) (kl)
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| Mailed notice re: Notice of Case Assignment/Reassignment to the Plaintiff(s) of record. (sbr) |
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Filing 9
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.... Accordingly, the Clerk of the Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of the Plaintiff.... The Clerk of the Court is also directed to send a copy of this order to Plaintiff and note service on the docket.... (Signed by Judge Loretta A. Preska on 1/28/2015) (sbr)
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| Magistrate Judge James C. Francis IV is so designated. (pgu) |
| CASE ACCEPTED AS RELATED. Create association to 1:12-cv-04069-PAE-JCF. Notice of Assignment to follow. (pgu) |
| NOTICE OF CASE ASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case. (pgu) |
| Mailed a copy of #9 Order Granting IFP Application in Prisoner Case, to Warden or Superintendent Marcy Correctional Facility 9000 Old River Road P.O. Box 5000 Marcy, New York 13403-5000. (ca) |
| Transmission to Docket Assistant Clerk. Transmitted re: #9 Order Granting IFP Application in Prisoner Case,,,, to the Docket Assistant Clerk for case processing. (sbr) |
| Mailed a copy of #9 Order Granting IFP Application in Prisoner Case,,, to Steven Vizcarrondo at Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403. (sbr) |
| Filing 8 CASE TRANSFERRED IN from the United States District Court - District of New York Northern; Case Number: 9:14-cv-00871. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
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Filing 7
ORDER TRANSFERRING CASE: ORDERED that, pursuant to 28 U.S.C. 1404(a), the Clerk of this Court shall transfer this action to the United States District Court for the Southern District of New York. Signed by Magistrate Judge Christian F. Hummel on 1/7/15. (served on plaintiff by regular mail)(alh, ) [Transferred from New York Northern on 1/13/2015.]
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Filing 6
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 Judge David N. Hurd on 11/10/14. (served on plaintiff by regular mail)(alh, ) [Transferred from New York Northern on 1/13/2015.]
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| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Steven Vizcarrondo.(alh, ) [Transferred from New York Northern on 1/13/2015.] |
| Plaintiff's location updated to Marcy Correctional Facility per IFP filed and confirmed on NYS DOCCS website. (alh, ) [Transferred from New York Northern on 1/13/2015.] |
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Filing 4
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 Judge David N. Hurd on 7/18/14. (served via regular mail on plaintiff with form)(alh, ) [Transferred from New York Northern on 1/13/2015.]
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| Filing 3 INMATE AUTHORIZATION FORM by Steven Vizcarrondo. (alh, ) [Transferred from New York Northern on 1/13/2015.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Steven Vizcarrondo.(alh, ) [Transferred from New York Northern on 1/13/2015.] |
| Filing 1 COMPLAINT against Mayor Michael Bloomberg, City of New York, Governor Cuomo, John Doe, Dora B. Schriro filed by Steven Vizcarrondo. (Attachments: #1 Cover Letter with Envelope)(alh, ) [Transferred from New York Northern on 1/13/2015.] |
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