McFadden v. City of New York et al
| Denver McFadden |
| Steven Byrne, City of New York, Bill DeBlasio, John O'Leary, William McLaughlin, New York Police Department, Unknown NYPD Police Officers, New York Department of Corrections, Bellevue Hospital, Doctor John Doe, John, Correction Officer 2 Doe and John, Correction Officer 1 Doe |
| 1:2019cv05508 |
| June 10, 2019 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Colleen McMahon |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Pro Se Payment of Fee Processed: $82.90 Check processed by the Finance Department on 8/7/2019, Receipt Number 465401241289. (jgl) |
Filing 10
INFORMATION PACKAGE MAILED to Denver McFadden ID No. 79286-054 Federal Correctional Institution Ashland P.O. Box 6001 Ashland, KY 41105, at, on 7/12/2019 Re: #9 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, an AMENDED COMPLAINT FORM, 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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| SUMMONS ISSUED as to Steven Byrne, City of New York, William McLaughlin, John O'Leary, NYC Health + Hospitals. (nb) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 7/12/2019 Re: Judge Vernon S. Broderick #9 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) Steven Byrne, City of New York, William McLaughlin, John O'Leary, NYC Health + Hospitals. (nb) |
| Mailed a copy of #9 Order of Service, #2 Complaint, to NYC Health + Hospitals 125 Worth Street New York, New York 10013 and New York City Law Department 100 Church Street, New York, New York 10007. (nb) |
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Filing 9
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 Bill DeBlasio (Mayor of New York), the New York Police Department, and the New York City Department of Corrections. See 28 U.S.C. 1915(e)(2)(B)(ii). The Clerk of Court is directed to add Doctor John Doe, Bellevue Hospital; John Doe Correction Officer 1; and John Doe Correction Officer 2 as Defendants under Fed. R. Civ. P. 21. The Clerk of Court is further instructed to issue summonses, complete the USM-285 forms with the addresses for the City of New York, John OLeary (NYPD Detective), Steven Byrne (NYPD Detective), William McLaughlin (NYPD Officer), and H+H, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to mail a copy of this order and the complaint to: (1) the New York City Law Department at: 100 Church Street, New York, New York 10007; and (2) H+H at: 125 Worth Street, New York, New York 10013 An "Amended Complaint" form is attached to this order The Clerk of Court is directed to docket this as a "written opinion" within the meaning of Section 205(a)(5) of the E-Government Act of 2002. 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. Doctor John Doe, John, Correction Officer 1 Doe and John, Correction Officer 2 Doe added. New York Police Department, Bill DeBlasio (Mayor of New York) and New York Department of Corrections terminated. (Signed by Judge Vernon S. Broderick on 7/11/2019) (kv) Transmission to Pro Se Assistants for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Colleen McMahon is no longer assigned to the case. (jc) |
| Magistrate Judge Stewart D. Aaron 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) |
| Filing 7 LETTER addressed to Judge Colleen McMahon from D. McFadden, dated 6/18/19 re: Plaintiff submits this letter with attached first page of the Application to Proceed Without Prepaying Fees or Costs(as indicated) with corrections as to the defendants in case; and he informs the Court that he has a witness that he mailed this form today and the last one as well. Document filed by Denver McFadden.(sc) |
| Mailed a copy of #6 Order Granting IFP Application in Prisoner Case, to Denver McFadden ID No. 79286-054 Federal Correctional Institution Ashland P.O. Box 6001 Ashland, KY 41105 ; Superintendent Federal Correctional Institution Ashland P.O. Box 6001 Ashland, KY 41105. (aea) |
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Filing 6
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 6/27/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 5 LETTER addressed to Judge Colleen McMahon from D. McFadden, dated 6/18/19 re: Plaintiff submits this letter with attached first page of his Application to Proceed without Prepaying Fees or Costs(as indicated); and he informs the Court that he is enclosing the re-done page and that he has a witness that he mailed this form on 6/18/19 and the last one as well. Document filed by Denver McFadden.(sc) |
| Mailed a copy of #4 Order Directing Payment of Fee or IFP Application, to Denver McFadden ID No. 79286-054 Federal Correctional Institution Ashland P.O. Box 6001 Ashland, KY 41105. (aea) |
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Filing 4
ORDER DIRECTING PAYMENT OF FEE OR FIRST PAGE OF IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit a completed first page of the 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 7/15/2019. In Forma Pauperis (IFP) Application due by 7/15/2019. (Signed by Judge Colleen McMahon on 6/13/2019) (Attachments: #1 First Page IFP Application)(dmg) 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. (bcu) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Denver McFadden.(sac) |
| Filing 2 COMPLAINT against Bellevue Hospital, Steven Byrne, City of New York, Bill DeBlasio, William McLaughlin, New York Department of Corrections, New York Police Department, John O'Leary, Unknown NYPD Police Officers. Document filed by Denver McFadden. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Denver McFadden.(sac) |
| Case Designated ECF. (sac) |
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