Walbrook v. The New York State Division of Parole et al
| Robert Walbrook |
| The New York State Division of Parole, Parole Officer Lane, Parole Officer Rita Balroop, Parole Officer Jane Doe and Parole Officer Stacey Harrison |
| 1:2018cv08104 |
| September 5, 2018 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Debra C Freeman |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 21, 2019. A more recent docket listing may be available from PACER.
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| Filing 11 AMENDED COMPLAINT; re: amending #2 Complaint against Rita Balroop, Jane Doe(#1), Jane Doe(#2), Jane Doe(#3), Stacey Harrison, Lane.Document filed by Robert Walbrook. Related document: #2 Complaint.(sc) |
| Filing 10 PRO SE MEMORANDUM(Letter) dated 10/15/18 re: CHANGE OF ADDRESS for Robert Walbrook. New Address: #14A3865, Downstate C.F., Box F, Red Schoolhouse Rd., Fishkill, New York, 12524-0445. (sc) |
| Received Return Receipt of Mail Order by Certified Mail, as to NYS Attorney General 28 Liberty Street New York NY 10005, which was served by Certified Mail # 7017 3040 0000 9027 8110, on 10/1/2018. (vba) |
Filing 9
FRCP 4 SERVICE PACKAGE MAILED to Robert Walbrook at GRVC 09-09 Hazen Street, East Elmhurst, NY 11370, on 9/27/2018 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)
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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 Court dismisses Plaintiff's claims against the New York Division of Parole under the Eleventh Amendment. See 28 U.S.C. 1915(e)(2)(B)(iii). The Court directs the Clerk of Court, under Fed. R. Civ. P. 21, to add Jane Doe Parole Officers # 1-3 to the caption of the Complaint as defendants. The Court also directs the Clerk of Court to mail a copy of this order and the Complaint to the New York State Attorney General at: 28 Liberty Street, New York, NY 10005. Plaintiffs motion for counsel (ECF No. 4) is denied without prejudice to renewal at a later date. 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 informa pauperis 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. (Jane Doe, Jane Doe and Jane Doe added. The New York State Division of Parole terminated., Motions terminated: #4 APPLICATION for the Court to Request Counsel. filed by Robert Walbrook.) (Signed by Judge Paul A. Engelmayer on 9/26/2018) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing 7
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 Debra C. Freeman. Motions referred to Debra C. Freeman. (Signed by Judge Paul A. Engelmayer on 9/26/2018) (rro)
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| Mailed a copy of #8 Order of Service, #2 Complaint to New York State Attorney General at: 28 Liberty Street, New York, NY 10005. (sbr) |
| Mailed a copy of #8 Order of Service, Add and Terminate Parties, Terminate Motions, #2 Complaint to New York State Attorney General at: 28 Liberty Street, New York, NY 10005 by Certified Mail # 7017 3040 0000 9027 8110 with Return Receipt Requested. (aea) |
| Magistrate Judge Debra C. Freeman 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 Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case. (ma) |
| Mailed a copy of #5 Order Granting IFP Application in Prisoner Case, to Robert Walbrook NYSID: 07682357J B&C No. 8951800861 George R. Vierno Center 09-09 Hazen Street East Elmhurst, NY 11370 ; Superintendant George R. Vierno Center 09-09 Hazen Street East Elmhurst, NY 11370. (aea) |
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Filing 5
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: 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. SO ORDERED. (Signed by Judge Colleen McMahon on 9/11/2018) (anc) Transmission to Docket Assistant Clerk for processing.
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| Filing 4 APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Robert Walbrook.(sac) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Robert Walbrook.(sac) |
| Filing 2 COMPLAINT against Lane, The New York State Division of Parole. Document filed by Robert Walbrook.(sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Robert Walbrook.(sac) |
| Case Designated ECF. (sac) |
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