Dames v. Pigott et al
Plaintiff: Cecil M. Dames
Defendant: New York City Health + Hospitals, New York City Dept. of Corrections, S. Bastian, Sydney Pigott and The City of New York
Case Number: 1:2018cv08352
Filed: September 12, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Vernon S Broderick
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 29, 2018 Opinion or Order Filing 7 FRCP 4 SERVICE PACKAGE MAILED to Cecil M. Dames B&C No. 3491803882 at Eric M Taylor Center 10-10 Hazen Street East Elmhurst, NY 11370, on 10/29/2018 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)
October 29, 2018 Received returned mail re: #4 Order Granting IFP Application in Prisoner Case. Mail was addressed to Cecil M. Dames NYSID: 07281582K B&C No. 3491803882 Eric M Taylor Center 10-10 Hazen Street East Elmhurst, NY 11370 and was returned for the following reason(s): Return to Sender - Discharged. (aea)
October 29, 2018 SUMMONS ISSUED as to New York City Health + Hospitals. (sbr)
October 29, 2018 FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 10/29/2018 Re: Judge Vernon S. Broderick #6 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)NYC Health & Hospitals. (sbr)
October 24, 2018 Opinion or Order 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 also directed to mail a copy of this order and the complaint to counsel for NYC Health + Hospitals at: 125 Worth Street, New York, New York 10013. The Clerk of Court is further instructed to complete a USM-285 form with the address for NYC Health + Hospitals and deliver all documents necessary to effect service to the U.S. Marshals Service. The Court dismisses Plaintiff's claims against the New York City Department of Correction. See 28 U.S.C. 1915(e)(2)(B)(ii). The Clerk of Court is directed to add the City of New York as a Defendant under Fed. R. Civ. P. 21. 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 the City of New York and Warden Bastian 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 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). ( Waiver of Service due by 11/23/2018.) The City of New York added. New York City Health + Hospitals terminated. (Signed by Judge Vernon S. Broderick on 10/24/2018) (mro) Transmission to Docket Assistant Clerk for processing.
October 24, 2018 Mailed a copy of #2 Complaint, #6 Order of Service, Add and Terminate Parties, to Counsel for NYC Health + Hospitals at: 125 Worth Street, New York, New York 10013. (aea)
October 18, 2018 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. (jc)
October 18, 2018 NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Unassigned is no longer assigned to the case. (jc)
October 15, 2018 Opinion or Order Filing 4 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 10/15/2018) (sac) Transmission to Docket Assistant Clerk for processing.
October 15, 2018 Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Cecil M. Dames NYSID: 07281582K B&C No. 3491803882 Eric M Taylor Center 10-10 Hazen Street East Elmhurst, NY 11370. (aea)
September 12, 2018 Filing 3 PRISONER AUTHORIZATION. Document filed by Cecil M. Dames.(sac)
September 12, 2018 Filing 2 COMPLAINT against S. Bastian, New York City Dept. of Corrections, New York City Health Hospitals, Sydney Pigott. Document filed by Cecil M. Dames.(sac)
September 12, 2018 Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Cecil M. Dames.(sac)
September 12, 2018 Case Designated ECF. (sac)

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Defendant: New York City Health + Hospitals
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Defendant: New York City Dept. of Corrections
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Defendant: S. Bastian
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Defendant: Sydney Pigott
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Plaintiff: Cecil M. Dames
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