Drew v. The City Of New York , et al
| Keith Drew |
| Chief Detective Dermot Shea, Asst District Attorn Alissa Wimmer, P/O Wilfred Martinez, The City Of New York,, Chief of Patrol Rodney Harrison and Comissioner James O'Neil |
| 1:2018cv10557 |
| November 13, 2018 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Mailed a copy of #12 Order on Motion to Stay, to Keith Drew 760 E. 160th Street Bronx, NY 10456. (vba) |
| Filing 13 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Wilfred Martinez served on 12/8/2018, answer due 2/6/2019. Service was accepted by P.O. Wilfred Martinez - Self. Document filed by Keith Drew. (vba). |
Filing 12
ORDER granting #11 Letter Motion to Stay. Application GRANTED. The case is stayed until the parallel criminal proceedings are concluded. Defendants shall immediately advise the Court if or when the criminal proceedings conclude and, until that time, shall submit a status report every two months. The Clerk of Court is directed to terminate Docket No. 11 and to mail a copy of this endorsed letter to Plaintiff. (Signed by Judge Jesse M. Furman on 1/2/2019) (mro) Transmission to Docket Assistant Clerk for processing.
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| Filing 11 LETTER MOTION to Stay pending the resolution of plaintiff's criminal case addressed to Judge Jesse M. Furman from Joseph Gutmann dated 12/26/2018. Document filed by The City Of New York,.(Gutmann, Joseph) |
| Filing 10 PRO SE MEMORANDUM dated 12/7/18 re: CHANGE OF ADDRESS for Keith Drew. New Address: 760 E. 160th Street, Bronx, New York, 10456. (sc) |
| Filing 9 NOTICE OF APPEARANCE by Joseph Aaron Gutmann on behalf of The City Of New York,. (Gutmann, Joseph) |
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Filing 8
FRCP 4 SERVICE PACKAGE MAILED to Keith Drew B&C: 349-18-04964 10 Paladino Ave. #16B New York, NY 10035, at, on 11/21/2018 Re: #7 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, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (nb)
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Filing 7
ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. In case Plaintiff's address is not yet updated on the docket, the Clerk is directed to use the following address for Plaintiff: Keith Drew, B&C: 349-18-04964, 10 Paladino Ave. #16B, New York, NY 10035. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for New York City, Police Officer Wilfred Martinez, Chief of Detectives Dermot Shea, Chief of Patrol Rodney Harrison, and Police Commissioner O'Neil and deliver all documents necessary to effect service to the U.S. Marshals Service. The Court dismisses Plaintiff's claims against Assistant District Attorney Alissa Wimmer. See 28 U.S.C. 1915(e)(2)(B)(iii). 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. (USM-285 Form due by 12/21/2018., Request for Issuance of Summons due by 12/21/2018.), (Alissa Wimmer terminated.) (Signed by Judge Jesse M. Furman on 11/20/18) (yv)
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| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 11/21/2018 Re: Judge Jesse M. Furman #7 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) Rodney Harrison, Wilfred Martinez, James O'Neil, Dermot Shea, The City Of New York. (nb) |
| SUMMONS ISSUED as to Rodney Harrison, Wilfred Martinez, James O'Neil, Dermot Shea, The City Of New York. (nb) |
| 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. (bcu) |
| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (bcu) |
| Filing 6 PRO SE MEMORANDUM, dated 11/19/18 re: CHANGE OF ADDRESS for Keith Drew. New Address: 10 Paladino Ave., #16B, New York, NY, 10035. (sc) |
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Filing 4
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 11/15/2018) (anc) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Keith Drew ID No. 349-18-0464 AMKC 18-18 Hazen Street East Elmhurst, NY 11370; The Superintendent AMKC 18-18 Hazen Street East Elmhurst, NY 11370. (vba) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Keith Drew. (ks) |
| Filing 2 COMPLAINT against Rodney Harrison, Wilfred Martinez, James O'Neil, Dermot Shea, The City Of New York,, Alissa Wimmer. Document filed by Keith Drew. (ks) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Keith Drew.(ks) |
| Case Designated ECF. (ks) |
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