McKinney v. NYC Department of Corrections et al
| Michael McKinney |
| NYC Department of Corrections, Manhattan Detention Center, N.Y.C. Board of Corrections, John Doe 1-7, The City of New York, John Doe 7, John Doe 6, John Doe 3, John Doe 4, John Doe 2, John Doe 5 and John Doe 1 |
| 1:2019cv05320 |
| June 3, 2019 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Katharine H Parker |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 15 PRO SE MEMORANDUM dated 7/23/19 re: CHANGE OF ADDRESS for Michael McKinney. New Address: B&C#349-19-01979, R.N.D.C., 11-11 Hazen Street, E. Elmhurst, NY, 11370. (sc) |
Filing 14
ORDER: The Court is in receipt of pro se Plaintiff's letter regarding the Proposed Case Management Plan and this Court's Individual Rules (ECF #12). Defendants' counsel is directed to mail a copy of Judge Parker's Individual Rules and a copy of the Proposed Case Management Plan for Pro Se Case to the pro se Plaintiff. Both documents are available at http://www.nysd.uscourts.gov/judge/Parker. Both documents are also appended to this Order. As a reminder, Plaintiff is directed to complete the Proposed Case Management Plan for Pro Se Case and mail it to The Honorable Katharine H. Parker, U.S. District Court, 500 Pearl Street Room 750, New York, New York 10007 one week before the scheduled conference on September 30, 2019. The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/24/2019) (ks) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #14 Order, to Michael McKinney B&C No. 3491901979 NYSID # 07542106Z Manhattan Detention Complex 125 White Street New York, NY 10013. (aea) |
| Filing 13 AMENDED COMPLAINT, re: amending #2 Complaint against John Doe 1, John Doe 2, John Doe 3, John Doe 4, John Doe 5, John Doe 6, John Doe 7, The City of New York with JURY DEMAND.Document filed by Michael McKinney. Related document: #2 Complaint.(sc) |
| Filing 12 LETTER addressed to Magistrate Judge Katharine H. Parker from M. McKinney, dated 7/11/19 re: Plaintiff informs the Court that he received the Order Scheduling the Initial Case Management Conference on 7/3/19, but the Proposed Case Management Plan, which he was directed to complete, was not attached to the Order. Document filed by Michael McKinney.(sc) |
| Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. The City of New York waiver sent on 7/19/2019, answer due 9/17/2019. Document filed by The City of New York. (Thomas, Copatrick) |
| Filing 10 NOTICE OF APPEARANCE by Copatrick Thomas on behalf of The City of New York. (Thomas, Copatrick) |
| Pro Se Payment of Fee Processed: $10.43 Check processed by the Finance Department on 7/10/19, Receipt Number 465401239280. (vf) |
| Pro Se Payment of Fee Processed: $17.00 Check processed by the Finance Department on 7/10/19, Receipt Number 465401239305. (vf) |
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Filing 9
INFORMATION PACKAGE MAILED to Michael McKinney NYSID: 07542106Z B&C No. 3491901979, at Manhattan Detention Complex 125 White Street New York, NY 10013, on 6/27/2019 Re: #6 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 #2 Complaint, #6 Order of Service, to the New York City Law Department, 100 Church Street, New York, New York 10007. (bwa) |
| Mailed a copy of #8 Order for Initial Pretrial Conference, #2 Complaint to New York City Law Department at 100 Church Street, New York NY 10007 and #8 Order for Initial Pretrial Conference to Michael McKinney NYSID: 07542106Z B&C No. 3491901979 Manhattan Detention Complex 125 White Street New York, NY 10013 (aea) |
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Filing 8
ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: Initial Conference set for 9/30/2019 at 10:30 AM before Magistrate Judge Katharine H. Parker. The Clerk of Court is requested to mail a copy of this order to the plaintiff, and mail a copy of this order and the complaint to the New York City Law Department at 100 Church Street, New York NY 10007. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/25/2019) (ks) Transmission to Docket Assistant Clerk for processing.
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Filing 7
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 Katharine H. Parker. (Signed by Judge Alison J. Nathan on 6/24/2019) (ks)
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Filing 6
ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Court dismisses Plaintiff's claims against the New York City Department of Correction and the New York City Board of Correction. See 28 U.S.C. 1915(e) (2)(B)(ii). The Clerk of Court is directed to add the City of New York as a Defendant under Fed. R. Civ. P. 21. The Court also dismisses Plaintiff's claims against the Manhattan Detention Complex. See 28 U.S.C. 1915(e)(2)(B)(ii). The Clerk of Court is directed to add "John Doe 1 - 7," as Defendants under Fed. R. Civ. P.21.The Clerk of Court is 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 Defendant the City of New York waive service of summons. The Clerk of Court is directed to mail a copy of this order and the complaint to the New York City Law Department at: 100 Church Street, New York, New York 10007. An "Amended Complaint" form is attached to this order 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 IFP 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 7/24/2019. (Signed by Judge Alison J. Nathan on 6/24/2019) (ks) Transmission to Pro Se Assistants for processing. (Additional attachment(s) added on 6/25/2019: #1 Prisoner Amended Complaint Form) (mro).
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| Magistrate Judge Katharine H. Parker 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. (jc) |
| NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Unassigned is no longer assigned to the case. (jc) |
| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Michael McKinney NYSID: 07542106Z B&C No. 3491901979 Manhattan Detention Complex 125 White Street New York, NY 10013 ; MDC notified electronically. (aea) |
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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 Colleen McMahon on 6/7/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Michael McKinney.(rdz) |
| Filing 2 COMPLAINT against Manhattan Detention Center, N.Y.C. Board of Corrections, NYC Department of Corrections. Document filed by Michael McKinney.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Michael McKinney.(rdz) |
| Case Designated ECF. (rdz) Modified on 6/6/2019 (rdz). |
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