Hassan v. Johnson Doe et al
| Eslam Hassan |
| Correctional Officer Walker Doe, Correctional Officer John Doe, Correctional Officer Brown Doe, Correctional Officer Smith Doe, Captain John Doe, Gregory Kuczinski, Correctional Officer Johnson Doe, Captain Jane Doe and Nurse Jane Doe |
| 1:2019cv04111 |
| May 7, 2019 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 11
INFORMATION PACKAGE MAILED to Eslam Hassan 16-A-4333, at Great Meadow Correctional Facility P.O. Box 51 Comstock, NY 12821-0051, on 6/28/2019 Re: #10 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. (bwa)
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| Mailed a copy of #10 Order of Service, #2 Complaint to New York City Law Department at 100 Church Street New York, NY 10007. (bwa) |
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Filing 10
ORDER OF SERVICE: Plaintiff's claims against Captain Jane Doe, Correction Officer Doe and any other unidentified "Doe" defendants related to the incident in AMKC Intake Holding Pen #7, at approximately 3 p.m. on February 15, 2016, are dismissed without prejudice to the claims pending in Hassan, No. 18-CV-11194 (RA). Likewise, Plaintiff's claims against Correction Officer John Doe and any others arising from the inmate assault on Plaintiff on February 18, 2016, at approximately 5:00 a.m., in Unit 5C at the Brooklyn Detention Center, are dismissed without prejudice to the claims pending in Hassan v. CO John Doe, No. 18-CV-7025 (PKC) (LB) (E.D.N.Y). Plaintiff's claims against Defendant Kuczinski in his personal capacity are dismissed without prejudice for failure to state a claim on which relief may be granted. The Clerk of Court is respectfully directed to substitute the City of New York as a Defendant in place of Defendants Kuczinski in his official capacity and "all supervisors." The Clerk of Court is directed to mail a copy of this order and the complaint to New York City Law Department at 100 Church Street New York, NY 10007. The Clerk of Court is further directed to electronically notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that Defendants City of New York, Johnson, Smith, Walker, and Brown waive service of the summons. Plaintiff's motion for pro bona counsel is denied without prejudice to renewal and the Clerk of Court is, accordingly, directed to terminate the motion pending at Dkt. 4. Finally, the Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. Local Civil Rule 33.2 applies to this action. 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. Waiver of Service due by 7/29/2019. (Signed by Judge Ronnie Abrams on 6/27/2019) (ks) Transmission to Pro Se Assistants for processing.
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| CASE ACCEPTED AS RELATED. Create association to 1:18-cv-11194-RA. Notice of Assignment to follow. (ma) |
| NOTICE OF CASE REASSIGNMENT to Judge Ronnie Abrams. Judge Colleen McMahon is no longer assigned to the case. (ma) |
| Magistrate Judge Ona T. Wang is so redesignated. (ma) |
| Mailed a copy of #8 Order Granting IFP Application in Prisoner Case, to Eslam Hassan 16-A-4333 Great Meadow Correctional Facility P.O. Box 51 Comstock, NY 12821-0051; The Superintendent Great Meadow Correctional Facility P.O. Box 51 Comstock, NY 12821-0051. (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 5/28/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Request for Copies/Transcripts/Docket Sheet Processed: Mailed letter to Eslam Hassan 16-A-4333 at Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403 advising that copy/copies of the All documents in case file requested will be furnished upon receipt of the statutory fee of $15.50 in the form of a company check, certified check or money order payable to the Clerk of the Court, SDNY. (jri) |
| Case Designated Local Rule 33.2. (keb) |
| Filing 7 LETTER from Eslam Hassan re: Also need all copies of the complaint and all of documented, due to not having my property as its destroyed or stolen so can you send and mail me all copies on matters and get back to me please. Document filed by Eslam Hassan.(vn) |
| Filing 6 AMENDED APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Eslam Hassan.(vn) |
| Request for Copies of the complaint Received: Re #7 Letter. Request for Copies of the complaint and all of documented from Eslam Hassan received on 5/23/2019. Transmission to Records Management for processing. (vn) |
| Mailed a copy of #5 Order Directing Payment of Fee or IFP Application, to Eslam Hassan 16-A-4333 Great Meadow Correctional Facility P.O. Box 51 Comstock, NY 12821-0051. (vba) |
| 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 PAYMENT OF FEE OR AMENDED IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an AMENDED IFP application 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 6/10/2019. In Forma Pauperis (IFP) Application due by 6/10/2019. (Signed by Judge Colleen McMahon on 5/9/2019) (Attachments: #1 amended IFP application)(keb) Transmission to Docket Assistant Clerk for processing.
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| Filing 4 APPLICATION for the Court to Request Counsel. Document filed by Eslam Hassan.(rdz) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Eslam Hassan.(rdz) |
| Filing 2 COMPLAINT against Captain Jane Doe, Captain John Doe, Correctional Officer Brown Doe, Correctional Officer John Doe, Johnson Doe, Gregory Kuczinski, Nurse Jane Doe, Smith Doe, Walker Doe. Document filed by Eslam Hassan.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Eslam Hassan.(rdz) |
| Case Designated ECF. (rdz) |
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