Henderson v. Alvarez et al
| Tyrel Henderson |
| Alvarez and Program Aide, Southwell Boulevard Men's Shelter |
| 1:2017cv03977 |
| May 25, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
97
CLERK'S JUDGMENT re: 96 Memorandum & Opinion in favor of Program Aide, Southwell Boulevard Men's Shelter against Tyrel Henderson. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion & Order dated September 16, 2021, for the reasons discussed in the opinion, summary judgment is GRANTED in favor of Defendant Southwell. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be tak en 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); accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/16/2021) (Attachments: # 1 Right to Appeal) (km)
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Filing
90
ORDER: The Court has received the attached letter from Plaintiff requesting an extension of time to respond to Defendant's motion to dismiss. The Court will grants the request for an extension and orders that Plaintiff's response is due M arch 25, 2021.The Clerk is respectfully directed to mail a copy of this Order to the Plaintiff and note the mailing on the public docket. The Clerk is also directed to strike docket entry 89, which was issued with an error., (Responses due by 3/25/2021) (Signed by Judge Alison J. Nathan on 2/25/2021) (nb) Transmission to Docket Assistant Clerk for processing. Modified on 2/25/2021 (nb).
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Filing
89
ORDER: The Court has received the attached letter from Plaintiff requesting an extension of time to respond to Defendant's motion to dismiss. The Court will grants the request for an extension and orders that Plaintiff's response is due M arch 25, 2021.The Clerk is respectfully directed to mail a copy of this Order to the Defendant and notethe mailing on the public docket. ( Responses due by 3/25/2021) (Signed by Judge Alison J. Nathan on 2/24/2021) (cf) Transmission to Docket Assistant Clerk for processing.
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Filing
82
ORDER. The Court has received a voicemail from Defendant's counsel. Counsel is reminded again that, per the Undersigneds Individual Rules in Civil Cases, all communications with the Court (with the only exception of communications that themselves contain confidential or private information) should be made by letter on the public docket. Counsel may not call or email the Court ex parte to make requests. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/4/2021) (rjm)
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Filing
74
ORDER: On November 3, 2020, Defendant Program Aide, Southwell Boulevard Men's Shelter was served. Dkt. No. 73. Defendant's response to the Complaint was due November 24, 2020. Id. Defendant has not responded. If the Plaintiff intends to file a motion for default judgment, he shall do so by January 15, 2021., (Motions due by 1/15/2021.) (Signed by Judge Alison J. Nathan on 12/15/2020) (nb)
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Filing
72
ORDER OF SERVICE: To allow Plaintiff to effect service on Defendant Program Aide Southwell through the U.S. Marshals Service, the Clerk of Court is respectfully instructed to fill out a U.S. Marshals Service Process Receipt and Return Form (USM-2 85 form) for Aide Southwell. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon these defendants. Because the City possesse s only Southwell's home address, the City has filed the address in an ex parte letter under seal. The Court therefore does not provide Southwell's address in this Order, and will separately convey Southwell's address to the Clerks O ffice. The Clerk of Court is further directed to mail a copy of this order to Plaintiff, together with an information package. 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 in forma pauperis status is denied for purposes of an appeal. Cf. Coppedge v. United States, 369 U.S. 44445 (1962). SO ORDERED. (Signed by Judge Alison J. Nathan on 8/4/2020) (jca) Transmission to Pro Se Assistants for processing.
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Filing
65
ORDER. For the reasons stated above, the Court grants Defendant Alvarez summary judgment. Alvarez's counsel is also ordered to submit a status letter as to Defendant Southwell's name and address within two weeks. The Court certifies, pursua nt to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and in forma pauperis status is thus denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Court will mail a copy of this Opinion a nd Order to the pro se Plaintiff, and that mailing will be noted on the public docket. SO ORDERED. re: 54 MOTION to Dismiss filed by Alvarez. Alvarez (New York City D.H.S. Officer, Shield #628) terminated. (Signed by Judge Alison J. Nathan on 5/21/2020) (rjm)
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Filing
61
ORDER with respect to 54 Motion to Dismiss. On November 12, 2019, Defendant Alvarez filed a motion to dismiss Plaintiff's complaint pursuant to Rule 12(b) of the Federal Rules of Civil Procedure. Dkt. No. 54. On November 21, 2019, the Court i nformed the Plaintiff that he could either amend his complaint or file a brief opposing the motion to dismiss no later than December 14, 2019. Dkt. No. 59. As of this date, the Plaintiff has not amended his complaint or filed an opposition brief. The Plaintiff is ordered to do so no later than January 31, 2020. The Plaintiff is advised that if he chooses not to file an amended complaint and does not submit an opposing brief, the Court will deem Defendant Alvarez's motion to dismiss fully br iefed, and the case may be dismissed without future warning to the Plaintiff. Chambers will mail a copy of this Order to the pro se Plaintiff, and that mailing will be noted on the public docket. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/14/2020) Copies Mailed By Chambers. (kv)
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Filing
59
ORDER: Accordingly, it is hereby ORDERED that if Plaintiff intends to file an amended complaint, he shall do so by December 14, 2019. Plaintiff is hereby advised that any amended complaint will completely replace the original complaint. Accordingly , if Plaintiff files an amended complaint, it should include all of the information he believes is necessary to make a short, plain statement explaining why he is entitled to relief against each defendant. Plaintiff is on notice that declining to a mend his pleadings to timely respond to a fully briefed argument in the Defendant Alvarez's November 12, 2019 motion to dismiss may well constitute a waiver of the Plaintiffs right to use the amendment process to cure any defects that have be en made apparent by the Defendants' briefing. IT IS FURTHER ORDERED that if no amended complaint is filed, Plaintiff shall serve his opposition to Defendants' motion to dismiss by December 14, 2019. Defendants' reply, if any, shall b e served by December 31, 2019. At the time any reply is served, Defendants shall supply Chambers with a courtesy copy of all motion papers by mailing or delivering them to the United States Courthouse, 40 Foley Square, New York, New York. Chambers will mail a copy of this Order to Plaintiff and that mailing will be noted on the docket. (And as further set forth in this Order.) SO ORDERED. (Amended Pleadings due by 12/14/2019.) (Signed by Judge Alison J. Nathan on 11/21/2019) Copies Mailed By Chambers. (jca)
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