Jones v. Guerra et al
Plaintiff: Efrem Jones
Defendant: Commissioner Cynthia Braun, C.O. Ali, Correction Captain Guerra and Warden K. Smalls
Interested Party: Office of Corporation Counsel for the City of New York
Case Number: 1:2018cv12196
Filed: December 21, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Gabriel W Gorenstein
Referring Judge: Alison J Nathan
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 8, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 15, 2019 Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. Ali waiver sent on 2/15/2019, answer due 4/16/2019; K. Smalls waiver sent on 2/15/2019, answer due 4/16/2019; Guerra waiver sent on 2/15/2019, answer due 4/16/2019; Cynthia Braun waiver sent on 2/15/2019, answer due 4/16/2019. Document filed by Ali; K. Smalls; Guerra; Cynthia Braun. (Maginley-Liddie, Lynelle)
February 14, 2019 Filing 10 AFFIDAVIT OF SERVICE of Notice of Appearance served on Efrem Jones on February 14, 2019. Service was made by Mail. Document filed by Office of Corporation Counsel for the City of New York. (Rizza, Joseph)
February 14, 2019 Filing 9 NOTICE OF APPEARANCE by Joseph Rizza on behalf of Office of Corporation Counsel for the City of New York. (Rizza, Joseph)
February 7, 2019 Opinion or Order Filing 8 ORDER OF REFERENCE TO A 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 Gabriel W. Gorenstein. (Signed by Judge Alison J. Nathan on 2/7/2019) (kv)
February 7, 2019 NOTICE of mailing. The Court mailed a copy of docket entry number 8 to Efrem Jones, NYSID: 04998467R, B&C No. 1411803039, Anna M. Kross Correctional Facility, 18-18 Hazen Street, East Elmurst, NY 11370. (qs)
February 6, 2019 Opinion or Order Filing 7 FRCP 4 SERVICE PACKAGE MAILED to Efrem Jones NYSID: 04998467R B&C No. 1411803039 Anna M. Kross Correctional Facility 18-18 Hazen Street East Elmurst, NY 11370. 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)
February 6, 2019 Opinion or Order Filing 6 ORDER OF SERVICE: The Clerk of Court is directed to notify the New York City Department of Correction and the New York City Law Department of this Order. The Court requests that New York City Correction Commissioner Cynthia Braun, Anna M. Kross Center Warden K. Smalls, Correction Captain Guerra (Shield No. 942), and Correction Officer Ali (Shield No. 5637) waive service of summons. 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, the defendants must serve responses to those standard discovery requests. In their responses, the defendants must quote each request verbatim. The Court directs the Clerk of Court to mail a copy of this order to Plaintiff, together with an information package. SO ORDERED. Waiver of Service due by 3/8/2019. (Signed by Judge Alison J. Nathan on 2/5/2019) (kv)
January 29, 2019 Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Efrem Jones NYSID: 04998467R B&C No. 1411803039 Anna M. Kross Correctional Facility 18-18 Hazen Street East Elmurst, NY 11370. (aea)
January 28, 2019 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 statements 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 1/28/2019) (sac) Transmission to Docket Assistant Clerk for processing.
January 28, 2019 Magistrate Judge Gabriel W. Gorenstein 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)
January 28, 2019 NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Unassigned is no longer assigned to the case. (ma)
January 28, 2019 Case Designated Local Rule 33.2. (jjg)
December 21, 2018 Filing 3 PRISONER AUTHORIZATION. Document filed by Efrem Jones. (ks)
December 21, 2018 Filing 2 COMPLAINT against Ali, Cynthia Braun, K. Smalls, Guerra. Document filed by Efrem Jones. (ks) Modified on 12/27/2018 (sac).
December 21, 2018 Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Efrem Jones. (ks)
December 21, 2018 Case Designated ECF. (ks)

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Defendant: Commissioner Cynthia Braun
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Defendant: C.O. Ali
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Defendant: Correction Captain Guerra
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Defendant: Warden K. Smalls
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Plaintiff: Efrem Jones
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Interested party: Office of Corporation Counsel for the City of New York
Represented By: Joseph Rizza
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