Massey v. Captain Liburd #1157 et al
| Tyrone Massey |
| C.O. Trocchia #10734, Captain Pichardo, C.O. Parker, Captain Liburd #1157, Captain Desir and Assistant Deputy Warden Mitchell |
| CITY OF NEW YORK |
| 1:2018cv07113 |
| August 6, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| NewYork |
| George B Daniels |
| Robert W Lehrburger |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 12 WAIVER OF SERVICE RETURNED UNEXECUTED as to Parker. Document filed by C.O. Parker. (Maginley-Liddie, Lynelle) |
| Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. Captain Pichardo waiver sent on 9/18/2018, answer due 11/19/2018; C.O. Trocchia #10734 waiver sent on 9/18/2018, answer due 11/19/2018; Assistant Deputy Warden Mitchell waiver sent on 9/18/2018, answer due 11/19/2018; Captain Liburd #1157 waiver sent on 9/18/2018, answer due 11/19/2018; Captain Desir waiver sent on 9/18/2018, answer due 11/19/2018. Document filed by Captain Pichardo; C.O. Trocchia #10734; Assistant Deputy Warden Mitchell; Captain Liburd #1157; Captain Desir. (Maginley-Liddie, Lynelle) |
| Filing 10 NOTICE OF APPEARANCE by Aimee Kara Lulich on behalf of CITY OF NEW YORK. (Lulich, Aimee) |
Filing 9
PRO SE PRETRIAL: Pro se Plaintiff and counsel for all parties are hereby notified that this case is referred to Magistrate Judge Robert W. Lehrburger, for the purposes of Case Management and Scheduling pursuant to Federal Rule Civil Procedure 16. You are directed to furnish all attorneys in this action with copies of this order and enclosures. If you are unaware of the identity of counsel for any of the parties, you must send a copy of the notice and rules to that party personally. All correspondence to the Court should be addressed to the chambers of Magistrate Judge Robert W. Lehrburger, and submitted to the Pro Se Intake Unit, located in the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, Room 200, New York, New York 10007 (212) 805-0175). Any procedural questions by Pro Se plaintiff should be addressed to the Office of Pro Se Intake Unit at (212) 805-0175. (Signed by Judge George B. Daniels on 8/22/2018) (kgo) Modified on 8/24/2018 (kgo).
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Filing 8
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). Referred to Magistrate Judge Robert W. Lehrburger. (Signed by Judge George B. Daniels on 8/21/2018) (kgo)
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Filing 7
FRCP 4 SERVICE PACKAGE MAILED to Tyrone Massey Manhattan Detention Center 125 White Street New York, NY 10013 on 8/21/2018 Re: #6 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)
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Filing 6
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 directed to electronically notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that Defendants Captain Liburd #1157, C.O. Trocchia #10734, C.O. Parker, Captain Desir, Captain Pichardo, and Assistant Deputy Warden Mitchell waive service of summons. 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 pauper is 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. Waiver of Service due by 9/20/2018. (Signed by Judge George B. Daniels on 8/21/2018) (ama) Transmission to Pro Se Assistants for processing.
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| Magistrate Judge Robert W. Lehrburger 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. (ma) |
| NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Unassigned is no longer assigned to the case. (ma) |
| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Tyrone Massey Manhattan Detention Center 125 White Street New York, NY 10013; The Superintendent Manhattan Detention Center 125 White Street New York, NY 10013. (vba) |
| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Tyrone Massey Manhattan Detention Center 125 White Street New York, NY 10013; The Superintendent Manhattan Detention Center 125 White Street New York, NY 10013.(vba) |
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Filing 4
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: The Clerk of Court is directed to send a copy of this order and the prisoner authorizationto the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiffsprison trust fund account for the past six months and to disburse the payments required under 28U.S.C. 1915 to the United States District Court for the Southern District of New York and toinclude the above docket number on the disbursement before sending it to the Court. If Plaintiffis transferred to another facility, the current facility shall provide a copy of this order to thefacility to which Plaintiff is transferred. The Clerk of Court is also directed to send a copy of thisorder to Plaintiff and note service on the docket.Finally, it is Plaintiffs obligation to promptly submit a written notification to the Court ifPlaintiffs address changes, and the Court may dismiss the action if Plaintiff fails to do so.SO ORDERED. (Signed by Judge Colleen McMahon on 8/15/2018) (mt) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Tyrone Massey.(mro) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Tyrone Massey.(mro) |
| Filing 1 COMPLAINT against Assistant Deputy Warden Mitchell, C.O. Parker, C.O. Trocchia #10734, Captain Desir, Captain Liburd #1157, Captain Pichardo. Document filed by Tyrone Massey.(mro) |
| Case Designated ECF. (mro) |
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