Howard v. Von Blackensee et al
| Abdul Rahim Howard |
| Barbara Von Blackensee, Alphonso Linley, Jayne Vander Hey-Wright and Diane Sommer |
| 7:2019cv00411 |
| January 14, 2019 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 6, 2019. A more recent docket listing may be available from PACER.
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| Filing 13 LETTER addressed to Plaintiff from B. Lerner dated 3/6/2019 re: service information. (bl) |
| Mailed a copy of #12 Memo Endorsement, and #10 to Abdul Rahim Howard ID No: 72346-053 Federal Correctional Institutional - Otisville P.O. Box 1000 Otisville, NY 10963. (vba) Modified on 3/5/2019 (vba). |
Filing 12
MEMO ENDORSEMENT on re: #11 Memo Endorsement. ENDORSEMENT: UPDATE: It turns out that the package Mr. Howard was sent includes instructions for service that are rather bare-bones, so our Office of Pro Se litigation is going to send Mr. Howard more detailed instructions. The Clerk shall send a copy of this endorsement to Mr. Howard. SO ORDERED. (Signed by Judge Cathy Seibel on 3/4/2019) (mml) Transmission to Docket Assistant Clerk for processing. Transmission to Office of Pro Se Litigation for processing.
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| Mailed a copy of #10 Memo Endorsement, #11 Memo Endorsement, to Abdul Rahim Howard ID No: 72346-053 Federal Correctional Institutional - Otisville P.O. Box 1000 Otisville, NY 10963. (vba) |
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Filing 11
MEMO ENDORSEMENT on re: #9 Letter, filed by Abdul Rahim Howard. ENDORSEMENT: The packet Mr. Howard was sent includes instructions on how to effect service (and states that the person who serves the summons must complete the back page). Because Mr. Howard does not have in forma pauperis status, the Marshals will not effect service for him. They simply do not have the resources to do that for pro se litigants (even incarcerated ones) who do not have that status. Mr. Howard must use one of the alternatives explained in the package. The Clerk shall send Mr. Howard a copy of this endorsement and of Doc. 10. SO ORDERED. (Signed by Judge Cathy Seibel on 3/1/2019) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing 10
MEMO ENDORSEMENT on re: #8 ORDER OF REFERRING TO A MAGISTRATE JUDGE. ENDORSEMENT: This Order of Reference was issued in error and is hereby VACATED. So ordered. (Signed by Judge Cathy Seibel on 3/1/2019) (rjm)
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| Filing 9 LETTER addressed to Judge Cathy Seibel from Abdul R. Howard, dated 2/24/19 re: Plaintiff requests that the Court inform him as to how to serve the Summons and whether he needs to fill out the back of the Summons before or after the defendants are served, and how to obtain the services of the U.S. Marshals for service. Document filed by Abdul Rahim Howard.(sc) |
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Filing 8
Vacated as per Judge's Order dated 3/1/2019, Doc. # 10 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Habeas Corpus. Referred to Magistrate Judge Lisa Margaret Smith. (Signed by Judge Cathy Seibel on 2/28/2019) (kv) Modified on 3/1/2019 (rjm).
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| Filing 7 NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE. Document filed by Abdul Rahim Howard. (sc) |
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Filing 6
FRCP 4 SERVICE PACKAGE MAILED to Abdul Rahim Howard ID No: 72346-053, at Federal Correctional Institutional - Otisville P.O. Box 1000 Otisville, NY 10963, on 2/15/2019 Re: #5 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, one or more summonses (only if you have paid the fee in person or if the judge has ordered that a summons be issued to you) - 4 copies of Summons(es) mailed. (bwa)
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| SUMMONS ISSUED as to Jayne Vander Hey-Wright, Alphonso Linley, Diane Sommer, Barbara Von Blackensee. (bwa) |
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Filing 5
ORDER OF SERVICE: The Clerk of Court is directed to issue a summons as to Defendants Diane Sommer, Alphonso Linley, Jayne Vander Hey-Wright, and Barbara Von Blanckensee. Plaintiff is directed to serve the summons and complaint on Defendants within 90 days of the issuance of the summons. If within those 90 days, Plaintiff has not either served Defendant or requested an extension of time to do so, the Court may dismiss the claims against Defendant under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute. Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so. The Clerk of Court is further directed to mail a copy of this order to Plaintiff, together with an information package. SO ORDERED. (Signed by Judge Cathy Seibel on 2/14/2019) (mml)
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| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Colleen McMahon is no longer assigned to the case. (bcu) |
| Magistrate Judge Lisa M. Smith 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) |
| Pro Se Payment of Fee Processed:$400.00 Check processed by the Finance Department on 02/11/2019, Receipt Number 465401228749. (jvs) |
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Filing 3
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization 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 2/19/2019. In Forma Pauperis (IFP) Application due by 2/19/2019. Prisoner Authorization Form due by 2/19/2019. (Signed by Judge Colleen McMahon on 1/17/2019) (Attachments: #1 Supplement ifp, #2 Supplement plra)(bl) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (ad) |
| Mailed a copy of #3 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to Abdul Rahim Howard ID No: 72346-053 Federal Correctional Institutional - Otisville P.O. Box 1000 Otisville, NY 10963. (vba) |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Complaint Fee Instructions, IFP Application and PLRA form to Abdul Rahim Howard ID No: 72346-053 Federal Correctional Institutional - Otisville P.O. Box 1000 Otisville, NY 10963 on 1/15/2019. (nb) |
| Filing 2 LETTER from Abdul Rahim Howard dated 1/10/2019 re: I am writing to find out who do I send the $350.00 fee to? Can this information be sent to me. Document filed by Abdul Rahim Howard.(sac) |
| Filing 1 COMPLAINT against Jayne Vander Hey-Wright, Alphonso Linley, Diane Sommer, Barbara Von Blackensee. Document filed by Abdul Rahim Howard. (sac) |
| Case Designated ECF. (sac) |
| Request for Copies/Transcripts/Docket Sheet Received: Re #2 Letter. Request for Complaint Fee Instructionsfrom Abdul Rahim Howard received on 1/14/2019. Transmission to Pro Se Assistants for processing. (sac) |
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