Brock v. Avanzado et al
| Vincent Brock |
| Dr. Avanzado, Dr. Parikh, Awaka, Stevens, Hanewood, "M" and Dr. Zimmelus |
| 7:2019cv05891 |
| June 21, 2019 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 12
MEMO ENDORSEMENT on re: #11 Letter, filed by Vincent Brock. ENDORSEMENT: In the attached letter dated August 6, 2019 (Doc. #11), plaintiff, proceeding pro se and in forma pauperis, requests the Court seek pro bono counsel on his behalf. Plaintiff's application is DENIED WITHOUT PREJUDICE. The Court has considered the type and complexity of this case, the merits of plaintiff's claims, and plaintiff's ability to present the case. The Court does not find any exceptional circumstances in plaintiff's case that would warrant the appointment of counsel at this time. See 28 U.S.C. 1915(e)(1); Cooper v. A. Sargenti Co., Inc., 877 F.2d 170, 172 (2d Cir. 1989). The Clerk is directed to mail a copy of this Order to plaintiff at the address on the 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). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 8/19/2019) (mml) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #12 Memo Endorsement, to Vincent Brock Comprehensive Rehab Center of Williamsville 147 Reist Street Williamsville, NY 14221. (vba) |
| Form Request Mailed: Request for Application for the Court to Request Pro Bono Counsel from Vincent Brock Comprehensive Rehab Center of Williamsville, 147 Reist Street, Williamsville, NY 14221 mailed on 8/15/2019. (bwa) |
| Filing 11 LETTER from Vincent Brock dated 8/6/2019 re: Therefore, I'm requesting the assistant of an attorney to help me compile case law for my brief. Re: CHANGE OF ADDRESS: Vincent Brock, Comprehensive Rehab Center of Williamsville, 147 Reist Street, Williamsville, NY 14221. Document filed by Vincent Brock. (vn) |
| Request for Application for the Court to Request Pro Bono Counsel Form Received: Re #11 Letter. Request for Application for the Court to Request Pro Bono Counsel Form, from Vincent Brock received on 8/13/2019. Transmission to Pro Se Assistants for processing. (vn) |
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Filing 10
MEMO ENDORSEMENT on re: #9 Letter, filed by Vincent Brock. ENDORSEMENT: In the attached letter dated July 21, 2019, plaintiff, proceeding pro se and in forma pauperis, requests the Court advise him regarding how to obtain medical records to support his Section 1983 claim. (Doc. #9). The Court does not provide legal advice to individual litigants. Moreover, defendants have not yet answered, moved, or otherwise responded to the complaint, and discovery has not yet commenced. For more information regarding discovery, plaintiff is directed to consult the discovery guide attached to this Order. Finally, to the extent plaintiff requests any relief, that relief is DENIED. 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). The Clerk is directed to mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 7/30/2019) (mml) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #10 Memo Endorsement, to Vincent Brock DIN No. 07B4035 Wende Correctional Facility 3040 Wende Rd. P.O. Box 1187 Alden, NY 14004-1187. (vba) |
| Filing 9 LETTER from V. Brock, dated 7/21/19 re: Plaintiff requests that the Court inform him as to whether he has to file a formal motion to have the medical records copied and delivered to him or whether the Pro Se Office handles this automatically. Document filed by Vincent Brock.(sc) |
| Prisoner Trust Fund Account Statement by Vincent Brock.(vn) |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Vincent Brock, DIN No. 07B4035, at Wende Correctional Facility, 3040 Wende Rd., P.O. Box 1187, Alden, NY 14004-1187 on 7/15/2019. (bwa) |
| Filing 8 LETTER from V. Brock, dated 7/3/19 re: Plaintiff requests that the Court update him on the Court's calendar regarding this case. Document filed by Vincent Brock.(sc) |
| Request for Copy of the updated Docket Sheet Received: Re #8 Letter. Request for Docket Report, from V. Brock received on 7/11/19. Transmission to Pro Se Assistants for processing. (sc) |
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Filing 7
INFORMATION PACKAGE MAILED to Vincent Brock, DIN No. 07B4035, at Wende Correctional Facility, 3040 Wende Rd., P.O. Box 1187 Alden, NY 14004-1187, on 7/11/2019 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 #6 Order of Service, #2 Complaint to the New York State Attorney General, 28 Liberty Street, New York, New York 10005. (bwa) |
| SUMMONS ISSUED as to Avanzado, Awaka, Harewood, Parikh, Stevens, Zimmelus. (bwa) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 7/11/2019 Re: Judge Vincent L. Briccetti #6 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)Dr. Avanzado, Dr. Parikh, RN Harewood, Dr. Zimmelus, RN Awaka, RN Stevens. (bwa) |
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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 Clerk of Court is further instructed to issue summonses, complete the USM-285 forms with the addresses for Dr. Avanzado, Dr. Parikh, RN Harewood, Dr. Zimmelus, RN Awaka, and RN Stevens, 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 the New York State Attorney General at: 28 Libe1iy Street, New York, New York 10005. 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 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. (Signed by Judge Vincent L. Briccetti on 7/9/2019) (jca) Transmission to Pro Se Assistants for processing.
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| Magistrate Judge Judith C. McCarthy 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 Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (jc) |
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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 6/25/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Vincent Brock DIN No. 07B4035 Wende Correctional Facility 3040 Wende Rd. P.O. Box 1187 Alden, NY 14004-1187; The Superintendent 3040 Wende Rd.P.O. Box 1187 Alden, NY 14004-1187. (vba) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Vincent Brock.(sac) |
| Filing 2 COMPLAINT against "M", Avanzado, Awaka, Hanewood, Parikh, Stevens, Zimmelus. Document filed by Vincent Brock. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Vincent Brock.(sac) |
| Case Designated ECF. (sac) |
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