Hassan v. Agard et al
| Eslam Hassan |
| C.O. John Doe, Captain Agard, Correction Officer John Doe, Dept. Security John Doe, Commissioners, Warden, Captain Jane Doe, C.O. Daniels, Supervisors, John and Jane Doe, Superintendent and City of New York |
| 1:2019cv05764 |
| June 19, 2019 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Debra C Freeman |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 14
INFORMATION PACKAGE MAILED to Eslam Hassan 16-A-4333, at Marcy Correctional Facility Box 3600 Marcy, NY 13403-3600, on 8/5/2019 Re: #13 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 13
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 Warden and Superintendent John and Jane Doe and all Commissioners and Supervisors John and Jane Doe. See 28 U.S.C. 1915(e)(2)(B)(ii). The Clerk of Court is also directed to add the City of New York as a Defendant under Fed. R. Civ. P. 21. Plaintiff's application for counsel (ECF No. 4) is denied without prejudice to renewal at a later date. The Clerk of Court is further instructed 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, Captain Agard, and Correction Officer Daniels waive service of summons. The Clerk of Court is further 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. 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 9/4/2019. (Signed by Judge Valerie E. Caproni on 8/05/2019) (ama) Transmission to Pro Se Assistants for processing.
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Filing 12
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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Debra C. Freeman. SO ORDERED. Motions referred to Debra C. Freeman. (Signed by Judge Valerie E. Caproni on 8/02/2019) (ama)
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| Mailed a copy of #2 Complaint, #13 Order of Service, to the New York City Law Department at 100 Church Street, New York, New York 10007. (bwa) |
| NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Unassigned is no longer assigned to the case. (wb) |
| Magistrate Judge Debra C. Freeman 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) |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Eslam Hassan, 16-A-4333 at Marcy Correctional Facility Box 3600, Marcy, NY 13403-3600 on 8/2/2019. (bwa) |
| Filing 10 LETTER from Eslam Hassan re: I can't just file 1983 suit without these forms on issue, also need to know of the complaint I've been filed on date 6/21/2019 and never got an response on the issue..... Document filed by Eslam Hassan.(vn) |
| Request for forms and Docket Sheet Received: Re #10 Letter. Request for Docket Report and forms, from Eslam Hassan received on 7/31/2019. Transmission to Pro Se Assistants for processing. (vn) |
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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 7/26/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #9 Order Granting IFP Application in Prisoner Case, to Eslam Hassan 16-A-4333 Marcy Correctional Facility Box 3600 Marcy, NY 13403-3600 ; Superintendent Marcy Correctional Facility Box 3600 Marcy, NY 13403-3600. (aea) |
| Filing 8 LETTER from E. Hassan, re: Plaintiff informs the Court that these matters of 42:1983 complaints(1/2/19 -1983 Complaint, 5/31/19- 1983 Complaint, 6/21/19- 1983 Complaint) are suits of important cases which were filed and mailed to the Pro Se Office. Document filed by Eslam Hassan, Eslam Hassan.(sc) |
| Filing 7 LETTER from E. Hassan re: I received the copies of the files you sent to me as those are not the only forms I requested. Document filed by Eslam Hassan.(sbr) |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Eslam Hassan, 16-A-4333 at Marcy Correctional Facility, Box 3600, Marcy, NY 13403-3600 on 7/9/2019. (bwa) |
| Filing 6 LETTER from Eslam Hassan, re: Plaintiff requests that the Court provide him with the status of this case. Document filed by Eslam Hassan.(sc) |
| Request for Copies of updated Docket Sheets Received: Re (6 in 1:19-cv-05764-UA) Letter, (12 in 1:19-cv-04111-RA, 24 in 1:18-cv-11194-RA, 7 in 1:19-cv-05938-UA) Letter. Request for Docket Reports, from Eslam Hassan received on 7/8/19. Transmission to Pro Se Assistants for processing. (sc) |
| Form Request Mailed: Request for six copies of Application for the Court to Request Pro Bono Counsel and six copies of Change of Address Forms, from Eslam Hassan, 16-A-4333, Marcy Correctional Facility, Box 3600, Marcy, NY 13403-3600 mailed on 7/1/2019. (bwa) |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed letter to Eslam Hassan 16-A-4333 at Marcy Correctional Facility Box 3600 Marcy, NY 13403-3600 advising that copy/copies of the Complaint requested will be furnished upon receipt of the statutory fee of $16.00 in the form of a company check, certified check or money order payable to the Clerk of the Court, SDNY. (jri) |
| Filing 5 LETTER from E. Hassan, dated Plaintiff requests that the Court send him a copy of his 42:1983 Complaint, six Summons forms, six cover sheets, six affidavit forms, six applications for an Order directing service by U.S. Marshal, six applications for request for counsel, and six change of address forms Document filed by Eslam Hassan.(sc) |
| Request for Copies of Documents and forms Received: Re #5 Letter. Request for Application for the Court to Request Pro Bono Counsel Form, change of address form, 6 summons, copy of Complaint and 6 Cover Sheetsfrom E. Hassan received on 6/27/19. Transmission to Records Management for processing Complaint and Transmission to Pro Se Assistants for processing forms aas indicated. (sc) |
| 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 Agard, C.O. John Doe, Correction Officer John 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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