Megginson v. The State of New York et al
| Michael E. Megginson |
| The State of New York, DOCCS, Correction Officer J. Lewis, Sergeant Soto and New York State Department of Corrections and Community and Supervision |
| 7:2019cv07583 |
| August 13, 2019 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on March 7, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Soto served on 10/7/2019, answer due 12/6/2019. Service was accepted by Janice Powers - Attorney. Document filed by Michael E. Megginson. (nb) |
| Filing 11 NOTICE OF APPEARANCE by Janice Powers on behalf of Soto. (Powers, Janice) |
| Filing 10 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to J. Lewis. Attempted Service of Summons and Complaint. Service was attempted on 9/20/2019. Document filed by Michael E. Megginson. (vba) |
| Filing 9 SUPPLEMENT TO #2 COMPLAINT against New York State Department of Corrections and Community and Supervision. Document filed by Michael E. Megginson.(mro) |
| Filing 8 LETTER from Michael Megginson, dated 8/27/19 re: Plaintiff informs the Court that he is no longer at Sing Sing Correctional Facility; and that he is in a waiting status at Green Haven Correctional Facility. Document filed by Michael E. Megginson.(sc) |
Filing 7
INFORMATION PACKAGE MAILED to Michael E. Megginson 18-A-3454, at Sing Sing Correctional Facility 354 Hunter St. Ossining, NY 10562, on 9/6/2019 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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| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 9/6/2019 Re: Judge Kenneth M. Karas #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)Sergeant Soto, Officer J. Lewis. (bwa) |
| Mailed a copy of #2 Complaint, #6 Order of Service, to the Attorney General at 28 Liberty Street, New York, NY 10005. (bwa) |
| SUMMONS ISSUED as to J. Lewis, Soto. (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 directed to mail a copy of this Order and the Complaint to the Attorney General at: 28 Liberty Street, New York, NY 10005. The Clerk of Court is instructed to complete the USM-285 forms with the addresses for Defendants Soto and Lewis and deliver all documents necessary to effect service on these Defendants to the U.S. Marshals Service. The Court dismisses Plaintiff's claims against New York State and DOCCS. See 28 U.S.C. 1915(e)(2)(B)(iii). Local Civil Rule 33.2 applies to this action. The Clerk of Court is directed to docket this as a "written opinion" within the meaning of Section 205(a)(5) of the E-Govemment 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. (Signed by Judge Kenneth M. Karas on 9/4/2019) (jca) Transmission to Pro Se Assistants for processing.
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| Magistrate Judge Lisa M. Smith 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. (bcu) |
| NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Unassigned is no longer assigned to the case. (bcu) |
| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Michael E. Megginson 18-A-3454 Sing Sing Correctional Facility 354 Hunter St. Ossining, NY 10562 ; Superintendent at Sing Sing Correctional Facility 354 Hunter St. Ossining, NY 10562. (aea) |
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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 8/22/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Michael E. Megginson.(rdz) |
| Filing 2 COMPLAINT against Soto, J. Lewis, DOCCS, The State of New York. Document filed by Michael E. Megginson.(rdz) Modified on 8/29/2019 (sac). |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Michael E. Megginson.(rdz) |
| Case Designated ECF. (rdz) |
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