Funes v. The City of New York et al
| Frederick Funes |
| Correction Officer Martinez, The City of New York, Sec. Dept. Shakur, Captain Fernandez, Captain Muhammad and The Department of Corrections |
| 1:2018cv09558 |
| October 17, 2018 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Pro Se Payment of Fee Processed: $11.11 Check processed by the Finance Department on 12/7/18, Receipt Number 465401224493. (vf) |
| Pro Se Payment of Fee Processed: $11.78 Check processed by the Finance Department on 12/7/18, Receipt Number 465401224491. (vf) |
| Filing 11 AFFIDAVIT OF SERVICE of Notice of Appearance and Statement of Waiver of Service of Summons dated November 16, 2018 served on Frederick Funes on November 19, 2018. Service was made by Mail. Document filed by The City of New York. (Decastro, Maria) |
| Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. The City of New York waiver sent on 11/16/2018, answer due 1/15/2019. Document filed by The City of New York. (Decastro, Maria) |
| Filing 9 NOTICE OF APPEARANCE by Maria Fernanda Decastro on behalf of The City of New York. (Decastro, Maria) |
| Filing 8 WAIVER OF SERVICE RETURNED UNEXECUTED as to Fernandez, Shakur, Martinez, Muhammad. Document filed by Fernandez, Martinez, Muhammad, Shakur. (Maginley-Liddie, Lynelle) |
Filing 7
FRCP 4 SERVICE PACKAGE MAILED to Frederick Funes NYSID: 02062968J B&C No. 7001600067 Anna M. Kross Correctional Facility 18-18 Hazen Street East Elmhurst, NY 11370, at, on 10/25/2018 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 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, Captain Fernandez, Sec. Dep. Shakur, Correction Officer Martinez, and Captain Muhammad waive service of summons. The Court dismisses Plaintiff's claims against the New York City Department of Correction. See 28 U.S.C. 1915(e)(2)(B)(ii). Local Civil Rule 33.2, which requires defendants in certain types of prisoner cases to respond to specific, court-ordered discovery requests, applies to this action. Those discovery requests are available on the Court's website under "Forms" and are titled "Plaintiff's Local Civil Rule 33.2 Interrogatories and Requests for Production of Documents." 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 11/23/2018.) The Department of Corrections terminated. (Signed by Judge Jesse M. Furman on 10/23/2018) (ne) Transmission to Docket Assistant Clerk for processing.
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| Magistrate Judge Robert W. Lehrburger 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. (bcu) |
| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (bcu) |
| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Frederick Funes NYSID: 02062968J B&C No. 7001600067 Anna M. Kross Correctional Facility 18-18 Hazen Street East Elmhurst, NY 11370. (aea) |
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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 10/19/2018) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Frederick Funes.(sac) |
| Filing 2 COMPLAINT against Fernandez, Martinez, Muhammad, Shakur, The City of New York, The Department of Corrections. Document filed by Frederick Funes. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Frederick Funes.(sac) |
| Case Designated ECF. (sac) |
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