Sherrill v. The People of the State of New York/City et al
| Chancy Sherrill |
| The People of the State of New York/City, Police Officer Robert Rivera and City Of New York |
| 1:2018cv08660 |
| September 21, 2018 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 19, 2018. A more recent docket listing may be available from PACER.
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| Filing 24 LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from Maria DeCastro. Document filed by City Of New York.(Decastro, Maria) |
| Received returned mail re: Mail Order by Certified Mail. Mail was addressed to Chancy Sherrill B&C No. 3491712283 Robert N. Davoren Complex 11-11 Hazen Street East Elmhurst, NY 11370 and was returned for the following reason(s): Cannot Identify. (vba) |
| Filing 23 AFFIDAVIT OF SERVICE of Letter Regarding Case Management Plan dated November 15, 2018 served on Chancy Sherrill on November 16, 2018. Service was made by Mail. Document filed by City Of New York. (Decastro, Maria) |
| Filing 22 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Chancy Sherrill served on 11/9/2018, answer due 11/30/2018. Service was accepted by Spaa Maany Ng. Document filed by Chancy Sherrill. (aea) |
Filing 21
MEMO ENDORSEMENT on re: #20 Letter, filed by City Of New York. ENDORSEMENT: Counsel for the Defendant may attend the November 20 initial conference by telephone, by calling the Chambers number from a landline. If the Plaintiff does not appear, the conference will not be held. SO ORDERED. (Signed by Judge Lorna G. Schofield on 11/16/2018) (jca)
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| Filing 20 LETTER addressed to Judge Lorna G. Schofield from Maria DeCastro re: The undersigned writes respectfully in response to the Courts November 16, 2018 Order, and writes to sincerely apologize for any confusion regarding the case management plan.. Document filed by City Of New York.(Decastro, Maria) |
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Filing 19
ORDER: It is hereby ORDERED that the parties shall file the joint status letter as soon as possible and no later than November 16, 2018, at noon. (Signed by Judge Lorna G. Schofield on 11/14/2018) (jca)
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| Mailed a copy of #17 Memo Endorsement, Set Hearings, to Chancy Sherrill B&C No. 3491712283 Robert N. Davoren Complex 11-11 Hazen Street East Elmhurst, NY 11370. (aea) |
| Filing 18 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Service was accepted by Mana DeCastro - Attorney. Document filed by Chancy Sherrill. (aea) |
| Mailed a copy of #17 Memo Endorsement, Set Hearings, to Chancy Sherrill B&C No. 3491712283 Robert N. Davoren Complex 11-11 Hazen Street East Elmhurst, NY 11370. (aea) |
| Set/Reset Hearings: Initial Conference set for 11/20/2018 at 10:30 AM before Judge Lorna G. Schofield. (cf) |
| Transmission to Docket Assistant Clerk. Transmitted re: #17 Memo Endorsement to the Docket Assistant Clerk for case processing. (cf) |
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Filing 17
MEMO ENDORSEMENT on re: #16 Proposed Case Management Plan filed by City Of New York. ENDORSEMENT: Application GRANTED. The initial pretrial conference scheduled for November 6, 2018, is hereby adjourned to November 20, 2018 at 10:30 a.m. The Clerk of Court is directed to mail a copy of this order to pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 10/24/2018) (cf) Transmission to Docket Assistant Clerk for processing. Modified on 11/14/2018 (cf). (Main Document 17 replaced on 11/14/2018) (cf).
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| Received returned mail re: Mail Order by Certified Mail. Mail was addressed to Chancy Sherrill B&C No. 3491712283 Robert N. Davoren Complex 11-11 Hazen Street East Elmhurst, NY 11370 and was returned for the following reason(s): Return to Sender Not Deliverable As Addressed Unable to Forward. (vba) |
| Received returned mail re: #11 Order for Initial Pretrial Conference. Mail was addressed to Chancy Sherrill B&C No. 3491712283 Robert N. Davoren Complex 11-11 Hazen Street East Elmhurst, NY 11370 and was returned for the following reason(s): Return to Sender, Not Deliverable as Addressed, Unable to Forward; Can Not Identify. (aea) |
| Filing 16 PROPOSED CASE MANAGEMENT PLAN. Document filed by City Of New York. (Attachments: #1 Exhibit A) (Decastro, Maria) |
| Filing 15 WAIVER OF SERVICE RETURNED EXECUTED. City Of New York waiver sent on 10/23/2018, answer due 12/24/2018. Document filed by City Of New York. (Decastro, Maria) |
| Mailed a copy of #14 Memo Endorsement, Chancy Sherrill 349-17-12283 to Robert N. Davoren Complex, 11-11 Hazen Street, East Elmhurst, NY 11370. (aea) |
| Received returned mail re: #9 Order of Service, Add and Terminate Parties. Mail was addressed to Chancy Sherrill B&C No. 3491712283 Robert N. Davoren Complex 11-11 Hazen Street East Elmhurst, NY 11370 and was returned for the following reason(s): Cannot identify, Disc. (aea) |
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Filing 14
MEMO ENDORSEMENT on re: #13 LETTER addressed to Judge Lorna G. Schofield from Maria DeCastro re: The undersigned writes respectfully to inform the Court that, upon information and belief, plaintiff is no longer incarcerated and has yet to provide a telephone number where he can be reached.. Document filed by City Of New York. ENDORSEMENT: If Plaintiff intends to proceed with this lawsuit, Plaintiff shall provide his current address and telephone number as soon as possible and no later than November 2, 2018, by mailing a letter to the Pro Se Intake Unit. The Clerk of Court is respectfully directed to mail a copy of this Order to pro se Plaintiff at Robert N. Davoren Complex, 11-11 Hazen Street, East Elmhurst, NY 11370. (Signed by Judge Lorna G. Schofield on 10/19/2018) (rjm) Transmission to Docket Assistant Clerk for processing.
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| Filing 13 LETTER addressed to Judge Lorna G. Schofield from Maria DeCastro re: The undersigned writes respectfully to inform the Court that, upon information and belief, plaintiff is no longer incarcerated and has yet to provide a telephone number where he can be reached.. Document filed by City Of New York. (Attachments: #1 Exhibit A)(Decastro, Maria) |
| Filing 12 NOTICE OF APPEARANCE by Maria Fernanda Decastro on behalf of City Of New York. (Decastro, Maria) |
| Mailed a copy of #11 Order for Initial Pretrial Conference, to Chancy Sherrill B&C No. 3491712283 Robert N. Davoren Complex 11-11 Hazen Street East Elmhurst, NY 11370. (aea) |
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Filing 11
ORDER: Initial Conference set for 11/6/2018 at 10:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (As further set forth in this Order.) The clerk is directed to mail a copy of this order to the pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 10/4/2018) (cf) Transmission to Docket Assistant Clerk for processing.
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Filing 10
FRCP 4 SERVICE PACKAGE MAILED to Chancy Sherrill B&C No. 3491712283 at Robert N. Davoren Complex 11-11 Hazen Street East Elmhurst, NY 11370 on 9/25/2018 Re: #9 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 9
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 People of the State of New York. See 28 U.S.C. 1915(e)(2)(B)(iii). The Clerk of Court is also directed to add the City of New York as a Defendant under Fed. R. Civ. P. 21. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for the City of New York and Police Officer Robert Rivera and deliver all documents necessary to effect service to the U.S. Marshals Service. 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). SO ORDERED. (City Of New York added. The People of the State of New York/City terminated.) (Signed by Judge Lorna G. Schofield on 9/25/2018) (rro)
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| SUMMONS ISSUED as to City Of New York, Robert Rivera. (sbr) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 9/25/2018 Re: Judge Lorna G. Schofield #9 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)City of New York; Robert Rivera. (sbr) |
| Mailed a copy of #7 Order Granting IFP Application in Prisoner Case, to Chancy Sherrill B&C No. 3491712283 Robert N. Davoren Complex 11-11 Hazen Street East Elmhurst, NY 11370. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Unassigned is no longer assigned to the case. (ma) |
| Magistrate Judge Barbara C. Moses 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) |
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Filing 7
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 9/21/2018) (anc) Transmission to Docket Assistant Clerk for processing.
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| Filing 6 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:18-cv-02301. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
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Filing 5
TRANSFER ORDER, For the reasons stated above, this action is transferred to the United States District Court for the Southern District of New York. No summons shall issue from this Court. That provision of Rule 83.1 of the Local Rules of the Eastern District of New York, which provides for a seven day delay in the transfer of a case, is waived. The Clerk of Court is, therefore, directed to transfer this case, to mail a copy of this Transfer Order to plaintiff, and, following transfer, to close this case for administrative purposes.(Terminating #2 Motion for Leave to Proceed in forma pauperis) Ordered by Judge Eric N. Vitaliano on 9/08/2018. c/m (Galeano, Sonia) [Transferred from New York Eastern on 9/21/2018.]
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| Case transferred to District of SDNY. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE.. (See Transfer Order dated 9/8/18) (Galeano, Sonia) [Transferred from New York Eastern on 9/21/2018.] |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from New York Eastern on 9/21/2018.] |
| Filing 3 Prisoner Authorization (Bowens, Priscilla) [Transferred from New York Eastern on 9/21/2018.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Chancy Sherrill. (Bowens, Priscilla) [Transferred from New York Eastern on 9/21/2018.] |
| Filing 1 COMPLAINT against People of the State of New York City, Robert Rivera, filed by Chancy Sherrill. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) [Transferred from New York Eastern on 9/21/2018.] |
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