Newell v. Martinez et al
Plaintiff: Daniel William Newell
Defendant: DOC State of New York (Department of Correction), Kenneth Martinez, Correction Officer Newell Little, CITY OF NEW YORK and C.O. Aregbesola #2399
Case Number: 1:2018cv08704
Filed: September 21, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Katharine H Parker
Referring Judge: Analisa Torres
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 14, 2018 Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. C.O. Aregbesola #2399 waiver sent on 11/14/2018, answer due 1/13/2019; Newell Little waiver sent on 11/14/2018, answer due 1/13/2019. Document filed by C.O. Aregbesola #2399; Newell Little. (Maginley-Liddie, Lynelle)
November 8, 2018 Mailed a copy of #11 Order, Set Hearings, to Daniel William Newell, B&C 3491803878, Anna M. Kross Center (Rikers Island), 18-18 Hazen Street, East Elmhurst, New York 11370. Kenneth Martinez, B&C 3491805652, Anna M. Kross Center (Rikers Island), 18-18 Hazen Street, East Elmhurst, New York 11370. (aea)
November 7, 2018 Opinion or Order Filing 11 ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE, This action is scheduled for an initial case management conference, via telephone, in accordance with Fed. R. Civ. P. 16, on Tuesday, January 15, 2019 at 9:45 a.m. It is hereby ORDERED that the Warden or other official in charge of the Anna M. Kross Center on Rikers Island produce Plaintiff Daniel Newell, B&C 3491803878, on January 15, 2019, no later than 9:45 a.m., to a suitable location within the Anna M. Kross Center that is equipped with a telephone, for the purpose of participating by telephone in a conference with the Court and Defendants. If the scheduled time and date presents a hardship, the Warden or the Warden's designee should promptly inform chambers by calling Courtroom Deputy Christopher Aiello at (212) 805-0234. Counsel for the City of New York, upon receipt of this Order, must: (1) send this Order to the Warden immediately; (2) contact the Anna M. Kross Center on Rikers Island to arrange the call and determine the telephone number at which Plaintiff will be reachable at the above time and date; (3) complete the Proposed Case Management Plan for Pro Se Plaintiffs attached to this Order and e-mail it to Parker_NYSDChambers@nysd.uscourts.gov; and (4) telephone chambers at (212) 805-0234, with Plaintiff and counsel for all Defendants on the line, at the time and date of the conference. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff and Defendant Kenneth Martinez at the addresses below. The Clerk of Court is respectfully directed to mail a copy of this Order to: Daniel William Newell, B&C 3491803878, Anna M. Kross Center (Rikers Island), 18-18 Hazen Street, East Elmhurst, New York 11370. Kenneth Martinez, B&C 3491805652, Anna M. Kross Center (Rikers Island), 18-18 Hazen Street, East Elmhurst, New York 11370. SO ORDERED. (Telephone Conference set for 1/15/2019 at 09:45 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 11/7/18) (yv) Transmission to Docket Assistant Clerk for processing.
November 5, 2018 Filing 10 WAIVER re: of Service of Summons and Complaint. Document filed by CITY OF NEW YORK. (Attachments: #1 Affidavit of Service)(Garcia, John)
November 5, 2018 Filing 9 NOTICE OF APPEARANCE by John L Garcia on behalf of CITY OF NEW YORK. (Attachments: #1 Affidavit of Service)(Garcia, John)
November 5, 2018 Opinion or Order Filing 8 FRCP 4 SERVICE PACKAGE MAILED to Daniel Newell, at AMKC 18-18 Hazen Street East Elmhurst, NY 11370, on 11/5/2018 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 judgeand a summons for defendant Kenneth Martinez. (sbr) Modified on 11/5/2018 (sbr).
November 5, 2018 SUMMONS ISSUED as to Kenneth Martinez. (sbr)
October 30, 2018 Opinion or Order 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 Katharine H. Parker. SO ORDERED. (Signed by Judge Analisa Torres on 10/30/2018) (jca)
October 30, 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 Court dismisses Plaintiffs claims against DOC State of New York (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 add C.O. Aregbesola #2399 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; Correction Officer Newell Little, #3160; and C.O. Aregbesola, #2399 waive service of summons. The Clerk of Court is further instructed to issue a summons and deliver all necessary documents to Plaintiff for service on Defendant Kenneth Martinez, B&C 3491805652. Plaintiff is directed to serve Defendant Kenneth Martinez, B&C 3491805652 within 90 days of the issuance of the summons. Local Civil Rule 33.2 applies to this action. 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. (Waiver of Service due by 11/29/2018.) C.O. Aregbesola #2399 added. DOC State of New York (Department of Correction) terminated. (Signed by Judge Analisa Torres on 10/30/2018) (ne) Transmission to Docket Assistant Clerk for processing.
October 30, 2018 Magistrate Judge Katharine H. Parker 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)
October 30, 2018 NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case. (ma)
October 16, 2018 Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Daniel William Newell NYSID: 13411129Z B&C No. 3491803878 Anna M. Kross Correctional Facility 18-18 Hazen Street East Elmhurst, NY 11370. (aea)
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.
September 21, 2018 Filing 3 PRISONER AUTHORIZATION. Document filed by Daniel William Newell.(js)
September 21, 2018 Filing 2 COMPLAINT against DOC State of New York (Department of Correction), Newell Little, Kenneth Martinez. Document filed by Daniel William Newell.(js)
September 21, 2018 Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Daniel William Newell.(js)
September 21, 2018 Case Designated ECF. (js)

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Defendant: DOC State of New York (Department of Correction)
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Defendant: Kenneth Martinez
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Defendant: Correction Officer Newell Little
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Defendant: CITY OF NEW YORK
Represented By: John L Garcia
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Defendant: C.O. Aregbesola #2399
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Plaintiff: Daniel William Newell
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