Blair et al v. Westchester County et al
| Raychard Ruiz, Courtney Palsey, Dwayne White, Tony Blair and Courtney Pasley |
| Darnell Flax, Roberts, Joseph K. Spano, Manuel Mendoza, Francis Delgrosso, Aramark Correctional Services, LLC, George Latimer, Westchester County, Donna Blackman, Craig Boissy, Leandro Diaz, Martinez, Eric Middleton, Wanda Smithson, Bourhill, LaFonda Spaulding, Karl Vollmer and Meade |
| 7:2018cv08286 |
| September 11, 2018 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 9, 2018. A more recent docket listing may be available from PACER.
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Filing 15
FRCP 4 SERVICE PACKAGE MAILED to Courtney Pasley ID No. 233009 Westchester County Jail 10 Woods Road P.O. Box 10 Valhalla, NY 10595 Dwayne White ID No. 193245 Westchester Counyt Jail 10 Woods Road P.O. Box 10 Valhalla, NY 10595 Raychard Ruiz ID No. 252339 Westchester County Jail 10 Woods Road P.O. Box 10 Valhalla, NY 10595, at, on 11/9/2018 Re: #14 Order. 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. (nb)
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Filing 14
ORDER: As the Court ordered in its Order of Service dated October 2, 2018 (Doc. # 12), it is the plaintiff's responsibility to notify the Court in writing if plaintiff's address changes. Accordingly, by December 10, 2018, plaintiffs Ruiz and Blair must update the Court in writing as to their current addresses. Failure to comply with the Court's Order may result in dismissal of the action for failure to prosecute or comply with Court orders. Fed. R. Civ. P. 41(b). Furthermore, because the FRCP 4 Service Package was only mailed to plaintiff Blair, the Court will mail a copy of the service package to the other three plaintiffs. The Clerk is directed to (i) mail a copy of this Order to all plaintiffs at the address on the docket and (ii) include a copy of the FRCP 4 Service Package to plaintiffs Ruiz, Courtney Pasley, and Dwayne White. 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 the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/09/2018) (ama)
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| Mailed a copy of #14 Order to Tony Blair ID No. 25654 Westchester County Jail 10 Woods Road P.O. Box 10 Valhalla, NY 10595. (nb) |
| Received returned mail re: #13 FRCP 4 Service Package - Mailed. Mail was addressed to Tony Blair ID No. 25654 Westchester County Jail 10 Woods Road P.O. Box 10 Valhalla, NY 10595 and was returned for the following reason(s): RTS; This Person Discharged from Jail/Penitentiary, Not Here. (vba) |
| Received returned mail re: #10 Order Granting IFP Application in Prisoner Case,. Mail was addressed to Tony Blair ID No. 25654 Westchester County Jail 10 Woods Road P.O. Box 10 Valhalla, NY 10595 and was returned for the following reason(s): Return to Sender Attempted Not Known Unable to Forward. (vba) |
| Received returned mail re: #10 Order Granting IFP Application in Prisoner Case. Mail was addressed to Raychard Ruiz ID No. 252339 Westchester County Jail 10 Woods Road P.O. Box 10 Valhalla, NY 10595 and was returned for the following reason(s): Return to Sender, Attempted - Not Known, Unable to Forward. (aea) |
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Filing 13
FRCP 4 SERVICE PACKAGE MAILED to Tony Blair ID No. 25654 Westchester County Jail 10 Woods Road P.O. Box 10 Valhalla, NY 10595, at, on 10/3/2018 Re: #12 Order of Service. 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. (nb)
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| SUMMONS ISSUED as to All Defendants. (nb) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 10/3/2018 Re: Judge Vincent L. Briccetti #12 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) All Defendants. (nb) |
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Filing 12
ORDER OF SERVICE: The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Westchester County; Aramark Correctional Services, LLC; Aramark Food Service Director Manuel Mendoza; Aramark Food Service Manager Darnell Flax; Aramark Director Donna P. Blackman; Warden Eric Middleton; Assistant Warden Francis Delgrosso; Warden Karl Vollmer; Deputy Commissioner Leandro Diaz; Commissioner Joseph K. Spano; Westchester County Executive, George Latimer; Captain Wanda Smithson; Sergeant Meade; Sergeant Martinez; Aramark Line Supervisor Craig Boissy; Captain Robe1is; Sergeant Bourhill; and Warden Lafonda Spaulding and deliver all documents necessary to effect service to the U.S. Marshals Service. SO ORDERED. USM-285 Form due by 11/1/2018. Request for Issuance of Summons due by 11/1/2018. (Signed by Judge Vincent L. Briccetti on 10/02/2018) (ama) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #10 Order Granting IFP Application in Prisoner Case, to Courtney Pasley ID No. 233009 Westchester County Jail 10 Woods Road P.O. Box 10 Valhalla, NY 10595; Dwayne White ID No. 193245 Westchester Counyt Jail 10 Woods Road P.O. Box 10 Valhalla, NY 10595; Raychard Ruiz ID No. 252339 Westchester County Jail 10 Woods Road P.O. Box 10 Valhalla, NY 10595; Tony Blair ID No. 25654 Westchester County Jail 10 Woods Road P.O. Box 10 Valhalla, NY 10595; Superintendent Westchester County Jail 10 Woods Road P.O. Box 10 Valhalla, NY 10595. (aea) Modified on 10/1/2018 (aea). |
| 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. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (wb) |
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Filing 10
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 9/28/2018) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 9 COMPLAINT against Aramark Correctional Services, LLC, Donna Blackman, Craig Boissy, Bourhill, Francis Delgrosso, Leandro Diaz, Darnell Flax, George Latimer, Martinez, Meade, Manuel Mendoza, Eric Middleton, Roberts, Wanda Smithson, Joseph K. Spano, LaFonda Spaulding, Karl Vollmer, Westchester County. Document filed by Courtney Pasley, Tony Blair, Dwayne White, Raychard Ruiz.(sac) |
| Filing 8 PRISONER AUTHORIZATION. Document filed by Raychard Ruiz.(sac) |
| Filing 7 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Raychard Ruiz.(sac) |
| Filing 6 PRISONER AUTHORIZATION. Document filed by Dwayne White.(sac) |
| Filing 5 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Dwayne White.(sac) |
| Filing 4 PRISONER AUTHORIZATION. Document filed by Courtney Pasley.(sac) |
| Filing 3 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Courtney Pasley.(sac) |
| Filing 2 PRISONER AUTHORIZATION. Document filed by Tony Blair.(sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Tony Blair.(sac) |
| Case Designated ECF. (sac) |
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