Winters v. NYCDOC et al
| Jason Winters |
| Rikers Island Central Cashier, Warden Sherma Dunbar, Rikers Island, Warden K. Smalls, NYCDOC and City of New York |
| 1:2019cv07271 |
| August 2, 2019 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 21, 2020. A more recent docket listing may be available from PACER.
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| Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. City of New York waiver sent on 9/13/2019, answer due 11/12/2019. Document filed by City of New York. (Rauchberg, Andrew) |
Filing 10
ORDER AND NOTICE OF INITIAL CONFERENCE: The Clerk of Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED. Initial Conference set for 11/8/2019 at 12:30 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 9/10/2019) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing 9
ORDER, IT IS HEREBY ORDERED that the Warden or other official in charge of the George R. Viemo Center produce inmate Jason Winters, NYSID 01922389N, B&C No. 3101900023 at 12:30 p.m. on November 8, 2019, at a suitable location within the George R. Viemo Center equipped with a telephone, for purposes of participating in a conference by telephone with the Court and defense counsel in the above-referenced matter. If this time and date presents an inconvenience, the Warden or the Warden's designee should promptly inform Chambers by calling (212) 805-0162. The City of New York Law Department must (1) transmit this Order to the Warden forthwith; and (2) contact the George R. Viemo Center to arrange the call and to determine the telephone number at which Plaintiff will be reachable at the above time and date. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Telephone Conference set for 11/8/2019 at 12:30 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 9/10/19) (yv) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #9 Order, Set Hearings, #10 Order for Initial Pretrial Conference, to Jason Winters NYSID: 01922389N B&C No. 3101900023 George R. Vierno Center 09-09 Hazen Street East Elmhurst, NY 11370. (vba) |
| Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. Sherma Dunbar waiver sent on 9/9/2019, answer due 11/8/2019; K. Smalls waiver sent on 9/9/2019, answer due 11/8/2019. Document filed by Sherma Dunbar; K. Smalls. (Maginley-Liddie, Lynelle) |
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Filing 7
INFORMATION PACKAGE MAILED to Jason Winters NYSID: 01922389N B&C No. 3101900023, at George R. Vierno Center 09-09 Hazen Street East Elmhurst, NY 11370, on 8/14/2019 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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Filing 6
ORDER OF SERVICE: The Clerk of Court is directed to notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that the City of New York; K. Smalls, Warden of AMKC; and Sherma Dunbar, Warden of MDC, waive service of summons. 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 NYDOC, Rikers Island, and the Rikers Island Central Cashier. 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 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 the City of New York; K. Smalls, Warden of AMKC; and Sherma Dunbar, Warden of MDC, waive service of summons. The Clerk of Court is directed to docket this as a "written opinion" within the meaning of Section 205(a)(5) of the -Government Act of 2002. 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)(holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). ( Waiver of Service due by 9/13/2019.), City of New York added. Rikers Island Central Cashier, NYCDOC and Rikers Island terminated. (Signed by Judge Ronnie Abrams on 8/14/2019) (rj) Transmission to Pro Se Assistants for processing. Modified on 8/14/2019 (rj).
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| 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. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Ronnie Abrams. Judge Unassigned is no longer assigned to the case. (wb) |
| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Jason Winters NYSID: 01922389N B&C No. 3101900023 George R. Vierno Center 09-09 Hazen Street East Elmhurst, NY 11370. (vba) |
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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 8/8/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Jason Winters.(sac) |
| Filing 2 COMPLAINT against Sherma Dunbar, NYCDOC, Rikers Island, Rikers Island Central Cashier, K. Smalls. Document filed by Jason Winters. (sac) (Main Document 2 replaced on 8/6/2019) (rdz). |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jason Winters.(sac) |
| Case Designated ECF. (sac) |
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