De'Shields v. City of New York et al
| Ronald E. De'Shields |
| City of New York, Captain Thomas, Correction Officer Gattor, Correction Officer Parker, Captain Smith, Correction Captain Miller, Mr. Joseph Ponte, Captain Massey and Correction Officer Christian Mizell |
| New York City Law Department Corporation Counsel |
| 1:2018cv08885 |
| September 27, 2018 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 12 NOTICE OF PHONE CONTACT NUMBER. Plaintiff informs the Court that the contact number for the purposes of legal phone calls such as a case conference with the Court is (315)287-7351. Document filed by Ronald E. De'Shields. (sc) |
| Filing 11 WAIVER OF SERVICE RETURNED UNEXECUTED as to Thomas, Smith, Massey, Parker, Gattor, Miller, Mizell. Document filed by Gattor, Massey, Miller, Christian Mizell, Parker, Smith, Thomas. (Maginley-Liddie, Lynelle) |
| Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. Joseph Ponte waiver sent on 11/15/2018, answer due 1/14/2019. Document filed by Joseph Ponte. (Maginley-Liddie, Lynelle) |
| Form Request Mailed: Request for Discovery Guide and Local Rule 33.2 Interrogatories & Requests for Production of Documents - Prisoner Cases from Ronald E. De'Shields 16-R-1590 Gouverneur Correctional Facility 112 Scotch Settlement Road Gouverneur, NY 13642-0370 mailed on 11/9/2018. (nb) |
| Filing 9 LETTER from Ronald E. De'Shields, dated 11/5/18 re: COPIES OF DISCOVERY REQUEST. Document filed by Ronald E. De'Shields.(sc) |
| Request for Copy of Document Received: Re #9 Letter. Request for copies of discovery request responsesfrom Ronald De'Shields received on 11/8/18. Transmission to Records Management for processing. (sc) |
| Request for Copy of Discovery Guide etc. Received: Re #9 Letter. Request for copy of Discovery Guide and formsfrom Ronald De'Shields received on 11/8/18. Transmission to Pro Se Assistants for processing. (sc) |
| Filing 8 NOTICE OF APPEARANCE by Melissa Wachs on behalf of New York City Law Department Corporation Counsel. (Wachs, Melissa) |
Filing 7
FRCP 4 SERVICE PACKAGE MAILED to Ronald E. De'Shields 16-R-1590 Gouverneur Correctional Facility 112 Scotch Settlement Road Gouverneur, NY 13642-0370, at, on 10/31/2018 Re: #6 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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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 instructed to add Correction Officer Christian Mizell as a defendant under Fed. R. Civ. P. 21. The Clerk of Court is further 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 City of New York, Commissioner Joseph Ponte, Captain Thomas, Captain Smith, Shield # 1217, Captain Massey, Correction Officer Parker, Correction Officer Gattor, Captain Miller, and Correction Officer Christian Mizell waive service of summons. Local Civil Rule 33.2 applies to this action. Within 120 days of the date of this order, Defendants must serve responses to these standard discovery requests. In their responses, Defendants must quote each request verbatim. 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.) (Christian Mizell added.) (Signed by Judge Ronnie Abrams on 10/30/2018) (rro)
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| Magistrate Judge Henry B. Pitman 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) |
| NOTICE OF CASE REASSIGNMENT to Judge Ronnie Abrams. Judge Colleen McMahon is no longer assigned to the case. (jc) |
| Case Designated Local Rule 33.2. (ees) |
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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 10/11/2018) (sac) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (sac) |
| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Ronald E. De'Shields 16-R-1590 Gouverneur Correctional Facility 112 Scotch Settlement Road Gouverneur, NY 13642-0370; The Superintendent Gouverneur Correctional Facility 112 Scotch Settlement Road Gouverneur, NY 13642-0370. (vba) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Ronald E. De'Shields.(vn) |
| Filing 2 COMPLAINT against City of New York, Gattor, Massey, Miller, Parker, Joseph Ponte, Smith, Thomas. Document filed by Ronald E. De'Shields.(vn) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Ronald E. De'Shields.(vn) |
| Case Designated ECF. (vn) |
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