Barnett v. Diaz et al
| Lafvorne Levi Barnett |
| C.O. Bonnell, C.O. Prescott, State of New York, Sgt. P. Diaz, C.O. Daddezio, C.O. Williams and Sullivan CO, Sgt. |
| 7:2019cv00415 |
| January 15, 2019 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 3, 2022. A more recent docket listing may be available from PACER.
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Filing 17
LETTER from Lafvorne L. Barnett, re: Plaintiff informs the Court that it was correctional officer named Farr who was harassing him, and he just did it again with another correctional officer whose name is Kelly on 3/1/19. Document filed by Lafvorne Levi Barnett.(sc)
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Filing 16
LETTER from Lafvorne L. Barnett, dated 2/25/19 re: Plaintiff informs the Court that there was retaliation against him due to the lawsuit which he filed here. Document filed by Lafvorne Levi Barnett.(sc)
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Filing 15
X-RAY REQUISITION & REPORT FROM NEW YORK STATE DEPT. OF CORRECTIONS & COMMUNITY SUPERVISION FACILITY SCF-690. Document filed by Lafvorne Levi Barnett. (sc)
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Filing 14
LETTER from Lafvorne L. Barnett, re: Plaintiff informs the Court that his new address is Grassland Homeless Shelter, 25 Operations Drive, Valhalla, New York 10595; and he requests that the Court appoint a lawyer for him etc. Document filed by Lafvorne Levi Barnett.(sc)
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Filing 13
PRO SE MEMORANDUM(Letter) re: CHANGE OF ADDRESS for Lafvorne Levi Barnett. New Address: Sharen Community, 1 Hudson Street, Yonkers, New York, 10701. (sc)
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Prisoner Trust Fund Account Statement by Lafvorne Levi Barnett.(vn)
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Filing 12
FRCP 4 SERVICE PACKAGE MAILED to Lafvorne Levi Barnett 17-A-1768 Sullivan Correctional Facility P.O. Box 116 Fallsburg, NY 12733-0116, at, on 2/12/2019 Re: #11 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 11
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 Sgt. P. Diaz, C.O. Favre, C.O. Bonnell, C.O. Prescott, C.O. Daddezio, and C.O. Williams and deliver all documents necessary to effect service to the U.S. Marshals Service. 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 Choose an item., 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. USM-285 Form due by 3/14/2019. Request for Issuance of Summons due by 3/14/2019. (Signed by Judge Nelson Stephen Roman on 2/12/2019) (ama)
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SUMMONS ISSUED as to Bonnell, Daddezio, P. Diaz, Prescott, Sullivan CO, Sgt., Williams. (nb)
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 2/12/2019 Re: Judge Nelson Stephen Roman #11 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) Bonnell, Daddezio, P. Diaz, Prescott, Sullivan CO, Sgt., Williams. (nb)
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NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Colleen McMahon is no longer assigned to the case. (bcu)
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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)
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Filing 9
LETTER from Lafvorne L. Barnett, re: Plaintiff submits this letter with attached copy of the Inmate Grievance Denial document from the Superintendent, Sullivan Correctional Facility, dated 1/31/19. Document filed by Lafvorne Levi Barnett.(sc)
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Mailed a copy of #8 Order Granting IFP Application in Prisoner Case, to Lafvorne Levi Barnett 17-A-1768 Sullivan Correctional Facility P.O. Box 116 Fallsburg, NY 12733-0116; The Superintendent Sullivan Correctional Facility P.O. Box 116 Fallsburg, NY 12733-0116. (vba)
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Filing 8
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 2/4/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 7
Original Signature Received from Lafvorne Barnett re: #1 IFP Applic. (sc)
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (bcu)
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Filing 5
ORDER DIRECTING ORIGINAL SIGNATURE: Plaintiff is directed to submit a signed signature page 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). Signature Page due by 2/19/2019. (Signed by Judge Colleen McMahon on 1/17/19) (Attachments: #1 Supplement signature page)(bl) Transmission to Docket Assistant Clerk for processing.
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Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Lafvorne Levi Barnett 17-A-1768 Sullivan Correctional Facility P.O. Box 116 Fallsburg, NY 12733-0116 on 1/17/2019. (nb)
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Mailed a copy of #5 Order Directing Original Signature, to Lafvorne Levi Barnett 17-A-1768 Sullivan Correctional Facility P.O. Box 116 Fallsburg, NY 12733-0116. (vba)
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Filing 6
LETTER from Levar T. Henry re: My name is Lafvorne Barnett 17-A-1768 and the reason for this letter is because I need to know if you did or did not receive my 1983 because I put it in the mail and I was just wondering if you got it because I'm on lock up and a lot of my mail is not coming to me al all so if you can give me some time to serve the court when I come home on 2/21/19..... Document filed by Lafvorne Levi Barnett.(vn)
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Request for Docket Sheet Mailed: Re #6 Letter. Request for Docket Report, from Lafvorne Levi Barnett received on 1/16/2019. Transmission to Pro Se Assistants for processing. (vn)
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Filing 4
LETTER from Lafvorne Barnett re: I need to know if you can appoint me a lawyer and wave the Court fees. Document filed by Lafvorne Levi Barnett.(rdz)
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Filing 3
PRISONER AUTHORIZATION. Document filed by Lafvorne Levi Barnett.(rdz)
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Filing 2
COMPLAINT against Bonnell, Daddezio, P. Diaz, Prescott, Williams. Document filed by Lafvorne Levi Barnett.(rdz)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Lafvorne Levi Barnett.(rdz)
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Case Designated ECF. (rdz)
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