Montgomery v. NYC Department of Corrections et al
| Harold Montgomery |
| NYC Department of Corrections, NYC Board Of Corrections, Manhattan Detention Complex, City of New York and MDC Warden Sherma Dunbar |
| 1:2019cv05441 |
| June 10, 2019 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 12, 2019. A more recent docket listing may be available from PACER.
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Filing 12
INFORMATION PACKAGE MAILED to Harold Montgomery, NYSID: 05188193N, B&C No. 3491902032, at Manhattan Detention Complex, 125 White Street, New York, NY 10013, on 7/19/2019 Re: #11 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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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 Court dismisses Plaintiff's claims against the Manhattan Detention Complex, the New York City Department of Correction, and the New York Board of Correction. See 28 U.S.C. 1915(e)(2)(B)(iii). The Clerk of Court is directed to add the City of New York as a Defendant 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 Defendants New York City and Manhattan Detention Complex Warden Shenna Dunbar waive service of summons. 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 pauper is 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 8/19/2019. (Signed by Judge Ronnie Abrams on 7/18/2019) (ama) Transmission to Pro Se Assistants for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Ronnie Abrams. Judge Colleen McMahon is no longer assigned to the case. (jc) |
| Magistrate Judge Kevin Nathaniel Fox 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) |
| Mailed a copy of #9 Order Granting IFP Application in Prisoner Case, to Harold Montgomery NYSID: 05188193N B&C No. 3491902032 Manhattan Detention Complex 125 White Street New York, NY 10013. (vba) |
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Filing 9
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 6/28/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 8 PRISONER AUTHORIZATION. Document filed by Harold Montgomery.(sc) |
| Filing 7 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Harold Montgomery.(sc) Modified on 6/26/2019 (sc). |
| Filing 6 Original Signature Received from H. Montgomery re: #2 Complaint. (sc) Modified on 6/26/2019 (sc). |
| Filing 5 AMENDED COMPLAINT; re: amending #2 Complaint against Manhattan Detention Complex, NYC Board Of Corrections, NYC Department of Corrections with JURY DEMAND.Document filed by Harold Montgomery. Related document: #2 Complaint.(sc) Modified on 6/26/2019 (sc). |
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Filing 4
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 7/12/2019. (Signed by Judge Colleen McMahon on 6/12/2019) (Attachments: #1 Supplement signature page, #2 Supplement IFP, #3 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. (wb) |
| Mailed a copy of #4 Order Directing Original Signature, to Harold Montgomery NYSID: 05188193N B&C No. 3491902032 Manhattan Detention Complex 125 White Street New York, NY 10013. (vba) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Harold Montgomery.(sac) |
| Filing 2 COMPLAINT against Sherma Dunbar, Manhattan Detention Complex, NYC Board Of Corrections, NYC Department of Corrections. Document filed by Harold Montgomery. (sac) Modified on 7/11/2019 (sac). |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Harold Montgomery.(sac) |
| Case Designated ECF. (sac) |
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