Villa v. Westchester County et al
| Anthony Villa, Jr. |
| Correct Care Solutions, LLC, Correctional Officer John Doe, Westchester County and Correct Care Solutions Mental Health Staff Jane Doe |
| 7:2019cv00428 |
| January 16, 2019 |
| 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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Filing 12
ORDER granting #11 LETTER MOTION for Extension of Time to File Answer or move to dismiss the Amended Complaint. 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 3/14/2019) (jca) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #12 Order on Motion for Extension of Time to Answer, to Selene Alcantara 221 E. 168th Street Apt. 3D Bronx, NY 10456. (aea) |
| Filing 11 LETTER MOTION for Extension of Time to File Answer or move to dismiss the Amended Complaint addressed to Judge Kenneth M. Karas from Paul A. Sanders dated March 13, 2019. Document filed by Correct Care Solutions, LLC.(Sanders, Paul) |
| Filing 10 NOTICE OF APPEARANCE by Paul Andrew Sanders on behalf of Correct Care Solutions, LLC. (Attachments: #1 Certificate of Service)(Sanders, Paul) |
| Mailed a copy of #7 FRCP 4 Service Package - Mailed to Anthony Villa, Jr. JID No: 11766 Rockland County Jail 51 New Hempstead Rd. New City, NY 10956. (nb) |
| Mailed a copy of #9 Memo Endorsement, to Anthony Villa, Jr. JID No: 11766 Rockland County Jail 51 New Hempstead Rd. New City, NY 10956. (aea) |
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Filing 9
MEMO ENDORSEMENT on re: #8 Letter filed by Anthony Villa, Jr. ENDORSEMENT: The Clerk of Court is respectfully ordered to resend the Service Package to Plaintiff at his new address. 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 3/8/2019) (anc) Transmission to Docket Assistant Clerk for processing. Modified on 3/11/2019 (anc).
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| Received returned mail re: #4 Order Granting IFP Application in Prisoner Case. Mail was addressed to Anthony Villa, Jr., JID 214192, P.O. Box 10, Valhalla, NY 10595 and was returned for the following reason(s): Return to Sender Attempted - Not Known Unable to Forward R.T.S. (vn) |
| Filing 8 LETTER from Anth ony Villa, Jr. dated 2/21/19 re: Plaintiff informs the Court the Court of his address change to the Rockland County Jail, 51 New Hempstead Road, New City, NY 10956. Document filed by Anthony Villa, Jr.(sc) |
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Filing 7
FRCP 4 SERVICE PACKAGE MAILED to Anthony Villa, Jr JID No: 214192 Westchester County Jail P.O. Box 10 Woods Road Valhalla, NY 10595, at, on 2/26/2019 Re: #6 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 6
ORDER OF SERVICE: To allow Plaintiff to effect service on Defendants Westchester County and Correct Care Solutions (CCS) through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for each of these defendants. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon these defendants. Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so. Within thirty days of the date of this order, Plaintiff is directed to provide the Westchester County Law Department and CCS with more detailed, descriptive information for "Correctional Officer John Doe" and "Correct Care Solutions Mental Health Staff Jane Doe" to assist them in properly identifying these Defendants. Within thirty days after Plaintiff provides this information, the Westchester County Law Department and CCS shall identify the defendants whom Plaintiff seeks to sue here and the addresses where these defendants may be served. Within thirty days of receiving this information, Plaintiff must file an amended complaint naming the Doe defendants and asserting claims against them. The amended complaint will replace, not supplement, the original complaint. An amended complaint form that Plaintiff should complete is attached to this order. Once Plaintiff has filed an amended complaint, the Court will screen the amended complaint and, if necessary, issue an order directing the Clerk of Court to complete the USM-285 forms with the addresses for the named Doe Defendants 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 of service of the complaint, Defendants must serve responses to these standard discovery requests. In their responses, Defendants must quote each request verbatim. The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. An "Amended Complaint" form is attached to this order. The Clerk of Court is also directed to complete the USM-285 forms with the addresses for Westchester County and CCS and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is instructed to mail a copy of this order and the complaint to Westchester County Law Department at 148 Martine Avenue, White Plains, NY 10601, and Correct Care Solutions at Westchester County Jail, 10 Woods Road, PO Box 10, Valhalla, NY 10595. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/25/2019) (rj) Transmission to Docket Assistant Clerk for processing.
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| SUMMONS ISSUED as to Correct Care Solutions, LLC, Westchester County. (nb) |
| Mailed a copy of #2 Complaint, #6 Order of Service, to Westchester County Law Department at 148 Martine Avenue, White Plains, NY 10601, and Correct Care Solutions at Westchester County Jail, 10 Woods Road, PO Box 10, Valhalla, NY 10595. (aea) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 2/26/2019 Re: Judge Kenneth M. Karas #6 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) Correct Care Solutions, LLC, Westchester County. (nb) |
| 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. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Unassigned is no longer assigned to the case. (wb) |
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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 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 Unassigned on 2/11/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Anthony Villa, Jr. JID 214192 P.O. Box 10 Valhalla, NY 10595; Superintendent at Westchester County Jail 10 Woods Rd, Valhalla, NY 10595. (aea) Modified on 2/12/2019 (aea). |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Anthony Villa, Jr.(rdz) |
| Filing 2 COMPLAINT against Correct Care Solutions Mental Health Staff Jane Doe, Correct Care Solutions, LLC, Correctional Officer John Doe, Westchester County. Document filed by Anthony Villa, Jr.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Anthony Villa, Jr.(rdz) |
| Case Designated ECF. (rdz) |
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