BROOKS v. NEW YORK CITY POLICE DEPARTMENT et al
| Calvin B. Brooks |
| City of Newark, Kevin Dardzinski, Detective Mongiello, EDWARD BUDDIN, POLICE OFFICER SGT. Dawe and New York City Police Department |
| 1:2018cv08654 |
| September 21, 2018 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1441 cv |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 16, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 30 LETTER addressed to Judge Colleen McMahon from Nakul Y. Shah dated November 16, 2018 re: Respectfully Requesting That the Court Dismiss This Action with Prejudice For Failure to Prosecute Pursuant to Rule 41 of the Federal Rules of Civil Procedure. Document filed by New York City Police Department.(Shah, Nakul) |
| Mailed a copy of #28 Order, to Calvin B. Brooks 40 South 29th Street, Wyandanch, N.Y. 11798. (aea) |
| Received returned mail re: #28 Order. Mail was addressed to Calvin B. Brooks 16-A-4464 Washington Correctional Facility 72 Lock-11 Lane P.O. Box 180 Comstock, NY 12821 and was returned for the following reason(s): Return to Sender Refused Unable to Forward; RTS Released. (vba) |
| Filing 29 NOTICE OF APPEARANCE by Nakul Y Shah on behalf of New York City Police Department. (Shah, Nakul) |
| Mailed a copy of #28 Order, to Calvin B. Brooks 16-A-4464 Washington Correctional Facility 72 Lock-11 Lane P.O. Box 180 Comstock, NY 12821. (aea) |
Filing 28
ORDER. The Court directs Plaintiff to update his address of record within 30 days of the date of this order. Should Plaintiff fail to comply with this order, the Court will dismiss the action without prejudice for failure to prosecute. The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Plaintiff at the following address: 40 South 29th Street, Wyandanch, N.Y. 11798. The Clerk of Court is further directed to note service on the docket. 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 IFP 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. (Signed by Judge Colleen McMahon on 10/5/2018) (rjm) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (rjm) |
| Filing 27 CASE TRANSFERRED IN from the United States District Court - District of New Jersey; Case Number: 2:17-cv-03700. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
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Filing 26
ORDER granting Defendant New York City Police Department's #21 Motion to Change Venue to the United States District Court for the Southern District of New York, etc. Signed by Magistrate Judge Michael A. Hammer on 08/27/2018. (ek) [Transferred from New Jersey on 9/21/2018.]
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| ***Civil Case Terminated. (ek) [Transferred from New Jersey on 9/21/2018.] |
| Filing 25 RESPONSE in Support filed by NEW YORK CITY POLICE DEPARTMENT re #21 MOTION to Change Venue Advising Court that Plaintiff has Not Responded and Requesting that the Motion be Deemed Fully Briefed (LAX, JOSHUA) [Transferred from New Jersey on 9/21/2018.] |
| CLERK'S QUALITY CONTROL MESSAGE - The Response in Support of Motion document number #24 submitted by Joshua Lax on 07/31/18 did not contain a proper electronic signature (s/). PLEASE RESUBMIT THE DOCUMENT WITH THE PROPER ELECTRONIC SIGNATURE (s/ Attorney's Name.) This submission will remain on the docket unless otherwise ordered by the court. (ek) [Transferred from New Jersey on 9/21/2018.] |
| Filing 24 RESPONSE in Support filed by NEW YORK CITY POLICE DEPARTMENT re #21 MOTION to Change Venue Requesting Court to Deem Defendant's Motion Fully Briefed in Light of No Response from Plaintiff (LAX, JOSHUA) [Transferred from New Jersey on 9/21/2018.] |
| Set Deadlines as to #21 MOTION to Change Venue . Motion set for 8/6/2018 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ek) [Transferred from New Jersey on 9/21/2018.] |
| Filing 23 MEMORANDUM in Support filed by NEW YORK CITY POLICE DEPARTMENT re #21 MOTION to Change Venue (LAX, JOSHUA) [Transferred from New Jersey on 9/21/2018.] |
| Filing 22 AFFIDAVIT in Support filed by NEW YORK CITY POLICE DEPARTMENT re #21 MOTION to Change Venue (Attachments: #1 Exhibit A: Complaint, #2 Exhibit B: Docket Sheet, #3 Text of Proposed Order for Change of Venue)(LAX, JOSHUA) [Transferred from New Jersey on 9/21/2018.] |
| Filing 21 MOTION to Change Venue by NEW YORK CITY POLICE DEPARTMENT. (LAX, JOSHUA) [Transferred from New Jersey on 9/21/2018.] |
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Filing 20
ORDER ENDORSING BRIEFING SCHEDULE: Defendants motion papers are to be served on or before July 13, 2018; plaintiffs opposition papers are to be served on orbefore July 23, 2018; defendants reply papers are to be served on or before July 30, 2018, at which time the motion shall be fully briefed, to be heard on Motion Day August 6, 2018; the individual defendants Answers to the Complaint are stayed until thirty days after a final decision regarding venue of this matter. Signed by Judge Madeline Cox Arleo on 6/7/2018. (sm) [Transferred from New Jersey on 9/21/2018.]
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| Set Deadlines as to #19 MOTION for Extension of Time to File Answer and Proposed Briefing Schedule for Motion to Change Venue. Motion set for 7/2/2018 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ek) [Transferred from New Jersey on 9/21/2018.] |
| Filing 19 MOTION for Extension of Time to File Answer and Proposed Briefing Schedule for Motion to Change Venue by NEW YORK CITY POLICE DEPARTMENT. (Attachments: #1 Text of Proposed Order For Briefing Schedule and Extension of Time to File Answer)(LAX, JOSHUA) [Transferred from New Jersey on 9/21/2018.] |
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Filing 18
ORDER denying without prejudice the parties' #17 Motion to Stay the filing of all Answers, etc. Signed by Magistrate Judge Michael A. Hammer on 05/14/2018. (ek) [Transferred from New Jersey on 9/21/2018.]
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| Filing 17 Consent MOTION to Stay Filing of Answers for Defendants by NEW YORK CITY POLICE DEPARTMENT. (Attachments: #1 Text of Proposed Order to Stay Answers)(LAX, JOSHUA) [Transferred from New Jersey on 9/21/2018.] |
| Filing 16 (USM)SUMMONS Returned Executed KEVIN DARDZINSKI served on 3/6/2018, answer due 3/27/2018; NEW YORK CITY POLICE DEPARTMENT served on 3/6/2018, answer due 3/27/2018; SGT. DAWE served on 3/6/2018, answer due 3/27/2018. (sr, ) [Transferred from New Jersey on 9/21/2018.] |
| Filing 15 (USM)SUMMONS Returned Executed DETECTIVE MONGIELLO served on 3/6/2018, answer due 3/27/2018. (sr, ) [Transferred from New Jersey on 9/21/2018.] |
| Filing 14 (USM)Summons Returned Unexecuted as to EDWARD BUDDIN. (sr, ) [Transferred from New Jersey on 9/21/2018.] |
| Filing 13 Letter from Calvin Brooks to Judge Arleo. (sr, ) [Transferred from New Jersey on 9/21/2018.] |
| Filing 12 NOTICE of Change of Address by CALVIN B. BROOKS (sr, ) [Transferred from New Jersey on 9/21/2018.] |
| Filing 11 SUMMONS ISSUED as to EDWARD BUDDIN, CITY OF NEWARK, KEVIN DARDZINSKI, DETECTIVE MONGIELLO, NEW YORK CITY POLICE DEPARTMENT, SGT. DAWE Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *Donato Marucci* (dam) [Transferred from New Jersey on 9/21/2018.] |
| Filing 10 USMS 285 form returned. (dam) [Transferred from New Jersey on 9/21/2018.] |
| Filing 9 CLERK'S LETTER: Transmittal of USM 285 Forms. (sr, ) [Transferred from New Jersey on 9/21/2018.] |
| COMPLAINT see document #1 against EDWARD BUDDIN, CITY OF NEWARK, KEVIN DARDZINSKI, DETECTIVE MONGIELLO, NEW YORK CITY POLICE DEPARTMENT, SGT. DAWE ( Filing and Admin fee IFP GRANTED), filed by CALVIN B. BROOKS.(sr, ) [Transferred from New Jersey on 9/21/2018.] |
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Filing 8
ORDER that Plaintiff be permitted to proceed without prepayment of fees or costs, andthe Clerk shall file the Complaint without prepayment of the filing fee. The Clerk shall issue a summons and the U.S. Marshal shall serve a copy of the complaint, summons, and this order upon Defendants as directed by Plaintiff, with costs of service advanced by the United States. Signed by Judge Madeline Cox Arleo on 1/30/18. (sr, )(N/M) [Transferred from New Jersey on 9/21/2018.]
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| Filing 7 APPLICATION requesting a transfer of case to the Southern District of NY by CALVIN B. BROOKS. (sr, ) [Transferred from New Jersey on 9/21/2018.] |
| Filing 6 APPLICATION to proceed IN FORMA PAUPERIS by CALVIN B. BROOKS. (Attachments: #1 Cover Letter and Envelope)(JB, ) [Transferred from New Jersey on 9/21/2018.] |
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Filing 5
ORDER that Plaintiff's request to proceed without prepayment of fees or costs is DENIED WITHOUT PREJUDICE. Plaintiff is directed to submit the abovementioned affidavit and account statement in compliance with 28 U.S.C. 1915(a) no later than August 18, 2017 or the case will be dismissed. Signed by Judge Madeline Cox Arleo on 7/24/17. (sr, )(N/M) [Transferred from New Jersey on 9/21/2018.]
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| Filing 4 APPLICATION to proceed IN FORMA PAUPERIS by CALVIN B. BROOKS. (sr, ) [Transferred from New Jersey on 9/21/2018.] |
| Filing 3 Letter from Calvin Brooks requesting IFP Application. (clerk's note: mailed 6/29/17) (sr, ) [Transferred from New Jersey on 9/21/2018.] |
| Filing 2 Letter from Calvin Brooks RE: status of case. (clerk's note: copy of docket mailed to Plaintiff) (sr, ) [Transferred from New Jersey on 9/21/2018.] |
| Filing 1 Complaint Received. (No Payment or IFP Attached) (Attachments: #1 Cover Letter, #2 Envelope)(sms) [Transferred from New Jersey on 9/21/2018.] |
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