Cox v. Adams et al
| Sampson Lamar Cox |
| Lynn Khann, Richard Adams, Nurse Practitioner Jane Devin, Dr. Mikhail Gusman, Shannon O'Connor, Correction Officer Doe Mavkowski, Bennett Doe, Jane Doe, John Doe, Superintendent William F. Keyser, Carl Koenigsmann and Doctor Richard Adams |
| 7:2018cv10152 |
| October 31, 2018 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 20, 2018. A more recent docket listing may be available from PACER.
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Filing 37
MEMO ENDORSEMENT on re: #35 Notice (Other) filed by Sampson Lamar Cox. ENDORSEMENT: Defendants are ordered to respond to this letter and the attached documents by 1/4/2019. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/20/2018) (kv)
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| Filing 38 LETTER addressed to Judge Kenneth M. Karas from Sampson Lamar Cox re: This letter is being submitted in response to the Attorney general's letter dated December 11, 2018. Document filed by Sampson Lamar Cox.(rdz) |
| Filing 36 NOTICE of MOTION FOR AN PRELIMINARY INJUNCTION. Document filed by Sampson Lamar Cox. (rdz) |
| Filing 35 NOTICE OF MOTION FOR PHYSICAL EXAMINATION. Document filed by Sampson Lamar Cox. (sc) |
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Filing 34
MEMO ENDORSEMENT on re: #29 Letter, filed by Sampson Lamar Cox. ENDORSEMENT: Plaintiff may file a a Second Amended Complaint by 1/5/19. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Amended Pleadings due by 1/5/2019.) (Signed by Judge Kenneth M. Karas on 12/12/2018) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing 32
MEMO ENDORSEMENT on re: #28 Letter requesting that the Court send him an answer as to whether his Amended IFP Applicaton and Amended Complaint were received by the Court, filed by Sampson Lamar Cox. ENDORSEMENT: The IFP application was granted 11/21/18 (Dkt. No. 17.) The Amended Complaint was received on 11/16/18 (Dkt. N. 13.) The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. So Ordered. (Signed by Judge Kenneth M. Karas on 12/12/18) (yv) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #34 Memo Endorsement, Set Deadlines, #32 Memo Endorsement, to Sampson Lamar Cox 13-A-1519 Sullivan Correctional Facility P.O. Box 116 Fallsburg, NY 12733. (aea) |
| Filing 33 DECLARATION of Sampson Lamar Cox. Document filed by Sampson Lamar Cox. (sc) |
| Filing 31 LETTER addressed to Judge Kenneth M. Karas from AAG Maria Hartofilis dated December 11, 2018 re: Response to Court's November 30, 2018 Order. Document filed by Richard Adams.(Hartofilis, Maria) |
| Prisoner Trust Fund Account Statement by Sampson Lamar Cox.(vn) |
| Filing 30 LETTER from Sampson Cox, dated 12/3/18 re: Plaintiff requests that the notice and grievance attached to this letter(as indicated)be sent to Judge for consideration. Document filed by Sampson Lamar Cox.(sc) |
| Mailed a copy of #27 Order on Motion for Extension of Time, to Sampson Lamar Cox 13-A-1519 Sullivan Correctional Facility P.O. Box 116 Fallsburg, NY 12733. (aea) |
| Filing 29 LETTER addressed to Judge Colleen McMahon from Sampson Cox, dated 11/29/18 re: Plaintiff informs the Court that he submitted his First Amended Complaint along with a Memorandum of Law with a declaration, a Request for Counsel, Preliminary Injunction, T.R.O., and Permanent Injunction; and he requests to be informed of the status of these filings. Document filed by Sampson Lamar Cox.(sc) |
| Filing 28 LETTER from Sampson Cox, dated 11/28/18 re: Plaintiff requests that the Court send him an answer as to whether his Amended IFP Applicaton and Amended Complaint were received by the Court. Document filed by Sampson Lamar Cox.(sc) |
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Filing 27
ORDER granting #26 Letter Motion for Extension of Time. Granted. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 12/4/2018) (jca) Transmission to Docket Assistant Clerk for processing.
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| Filing 26 LETTER MOTION for Extension of Time to Respond to Court's November 30, 2018 Order (Docket No. 24) addressed to Judge Kenneth M. Karas from AAG Maria Hartofilis dated December 4, 2018. Document filed by Richard Adams.(Hartofilis, Maria) |
| Set/Reset Deadlines: Responses due by 12/13/2018 (jca) |
| Mailed a copy of #25 Letter, to Sampson Lamar Cox 13-A-1519 Sullivan Correctional Facility P.O. Box 116 Fallsburg, NY 12733. (aea) |
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Filing 24
ENDORSED LETTER: addressed to Judge Kenneth M. Karas from Sampson Cox dated 11/20/2018 re: Denied access to my entire medical records. ENDORSEMENT: Defense is to respond to this letter and the leter at Dkt. 19 by 12/6/18. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/30/2018) (ama) Transmission to Docket Assistant Clerk for processing.
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| Form Request Mailed: Request for Docket Sheet from Sampson Lamar Cox mailed on 11/30/2018. (bwa) |
| Filing 25 LETTER from Sampson Cox, dated 11/26/18 re: Plaintiff informs the Court that the Sullivan Correctional Facility is very upset with him for having written grievances regarding his medical encounters with the medical staff and the way in which the staff continues to treat him etc. Document filed by Sampson Lamar Cox.(sc) |
| Filing 23 LETTER from Sampson Cox, dated 11/26/18 re: Plaintiff requests that the Court inform him as to whether it received by mail his Amended Complaint and related papers. Document filed by Sampson Lamar Cox.(sc) |
| Request for Copy of the updated Docket Sheet Received: Re #23 Letter. Request for Docket Report, from Sampson Cox received on 11/29/18. Transmission to Pro Se Assistants for processing. (sc) |
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Filing 22
FRCP 4 SERVICE PACKAGE MAILED to Sampson Lamar Cox, at Sullivan Correctional Facility P.O. Box 116 Fallsburg, NY 12733, on 11/29/2018 Re: #18 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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| SUMMONS ISSUED as to Chief Medical Officer Carl Koenigsmann; Sullivan Correctional Facility Superintendent William Keyser; medical personnel Mikhail Gusman, Shannon O'Connor, and Bennet; and Correction Officer Mavkowski (sbr). |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 11/29/2018 Re: Judge Kenneth M. Karas #18 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)Chief Medical Officer Carl Koenigsmann; Sullivan Correctional Facility Superintendent William Keyser; medical personnel Mikhail Gusman, Shannon O'Connor, and Bennet; and Correction Officer Mavkowski. (sbr) |
| Mailed a copy of #21 Order on Application for the Court to Request Counsel, to Sampson Lamar Cox 13-A-1519 Sullivan Correctional Facility P.O. Box 116 Fallsburg, NY 12733. (aea) |
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Filing 21
ORDER denying without prejudice #11 Application for the Court to Request Counsel. Therefore, for the reasons stated above, Plaintiff's Application is denied without prejudice. If circumstances change materially, Plaintiff may renew his request. The Clerk of the Court is respectfully directed to terminate the pending motion, (Dkt. No. 11 ), and mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/28/2018) (mml) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #18 Order of Service, #2 Complaint to New York State Attorney General 28 Liberty Street New York, NY 10005. (aea) |
| Filing 20 LETTER from L. Sampson Cox, dated 11/20/18 re: Plaintiff informs the Court that, at this time in his life, his only desire is to be seen by an outside hospital; that it seems to him that a cover-up is being done to hide his longstanding history of symptoms and ongoing appointments. Document filed by Sampson Lamar Cox.(sc) |
| Filing 19 LETTER from L. Sampson Cox, dated 11/18/18 re: Plaintiff informs the Court that he is being neglected by the medical staff at Sullivan Correctional Facility; that notes are not being written down when symptoms occur; and he requests that the Court issue a preliminary injunction to stop the cover-up of his medical condition. Document filed by Sampson Lamar Cox.(sc) |
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Filing 18
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 further instructed to complete the USM-285 forms with the addresses for DOCCS Chief Medical Officer Carl Koenigsmann; Sullivan Correctional Facility Superintendent William Keyser; medical personnel Mikhail Gusman, Shannon O'Connor, and Bennet; and Correction Officer Mavkowski and deliver to the U.S. Marshals Service all documents necessary to effect service. The Clerk of Court is directed to mail a copy of this Order and the Complaint to the New York State Attorney General at: 28 Liberty Street New York, NY 10005. A second amended civil rights complaint form is attached to this Order. The Court directs Plaintiff to show cause within 30 days why the Court should not sever his claims arising at Clinton Correctional Facility and transfer such claims to the United States District Court for the Northern District of New York. 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 Kenneth M. Karas on 11/26/2018) (rro) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #17 Order Granting IFP Application in Prisoner Case, to Sampson Lamar Cox 13-A-1519 Sullivan Correctional Facility P.O. Box 116 Fallsburg, NY 12733 ; 325 Riverside Dr, Fallsburg, NY 12733 NYSDOC Sullivan Correctional Facility. (aea) |
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Filing 17
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 11/21/2018) (sac) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Colleen McMahon is no longer assigned to the case. (bcu) |
| Magistrate Judge Paul E. Davison 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) |
| Filing 15 DECLARATION OF SAMPSON COX. Document filed by Sampson Lamar Cox. (sc) |
| Filing 14 MEMORANDUM OF LAW. Document filed by Sampson Lamar Cox. (sc) |
| Filing 13 AMENDED COMPLAINT; re: amending #2 Complaint against Richard Adams, Jane Devin, Bennett Doe, Jane Doe, Mikhail Gusman, John Doe, William F. Keyser, Lynn Khann, Carl Koenigsmann, Doe Mavkowski, Shannon O'Connor with JURY DEMAND.Document filed by Sampson Lamar Cox. Related document: #2 Complaint.(sc) |
| Filing 12 UNSIGNED ORDER TO SHOW CAUSE, filed by Sampson Lamar Cox. Defendants shall show cause as to why PRELIMINARY INJUNCTION & TEMPORARY RESTRAINING ORDER should not be issued. (sc) |
| Filing 11 REQUEST(Application)FOR THE APPOINTMENT OF COUNSEL. Document filed by Sampson Lamar Cox.(sc) |
| Filing 10 AMENDED APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR DUES. Document filed by Sampson Lamar Cox.(sc) |
| Filing 9 DECLARATION OF SAMPSON COX. Document filed by Sampson Lamar Cox. (sc) |
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Filing 8
ORDER DIRECTING PAYMENT OF FEE OR AMENDED IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an Amended IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 12/5/2018. In Forma Pauperis (IFP) Application due by 12/5/2018. (Signed by Judge Colleen McMahon on 11/5/2018) (Attachments: #1 amended IFP application)(keb) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #8 Order Directing Payment of Fee or IFP Application, to Sampson Lamar Cox 13-A-1519 Sullivan Correctional Facility P.O. Box 116 Fallsburg, NY 12733. (aea) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb) |
| Filing 7 LETTER re: Memorandum of Law. Document filed by Sampson Lamar Cox.(rdz) |
| Filing 6 DECLARATION of Plaintiff Sampson Cox. Document filed by Sampson Lamar Cox. (rdz) |
| Filing 5 UNSIGNED ORDER TO SHOW CAUSE. filed by Sampson Lamar Cox. (rdz) |
| Filing 4 APPLICATION for the Court to Request Counsel. Document filed by Sampson Lamar Cox.(rdz) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Sampson Lamar Cox.(rdz) |
| Filing 2 COMPLAINT against Richard Adams, Jane Devin, Mikhail Gusman, Lynn Khann. Document filed by Sampson Lamar Cox.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Sampson Lamar Cox.(rdz) |
| Case Designated ECF. (rdz) |
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