White v. New York City Police Department (N.Y.P.D.) et al
| Devin White |
| New York City Police Department (N.Y.P.D.), John Doe, et al., and City Of New York |
| 1:2019cv07945 |
| August 22, 2019 |
| US District Court for the Southern District of New York |
| Sarah L Cave |
| Paul A Engelmayer |
| Colleen McMahon |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Transmission to Pro Se Assistants. Transmitted re: #9 Order of Service, to the Pro Se Assistants for processing. (yv) |
Filing 10
INFORMATION PACKAGE MAILED to Devin White 2205 Davidson Ave. #6B Bronx, NY 10453, at, on 10/4/2019 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, 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 flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), 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, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (nb)
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Filing 9
ORDER OF SERVICE: It is therefore ordered that the New York City Law Department, which is the attorney for and agent of the New York City Police Department, must ascertain the identity and badge number of each John Doe whom Plaintiff seeks to sue here and the address where the defendant may be served. The New York City Law Department must provide this information to Plaintiff and the Court within sixty days of the date of this order. Within thirty days of receiving this information, Plaintiff must file an amended complaint naming the John Doe defendants. The amended complaint will replace, not supplement, the original complaint. 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 New York City Police Department. 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 further instructed to complete the USM-285 form with the address for the City of New York 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 City Law Department at: 100 Church Street, New York, New York 10007. 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 Magistrate Judge Sarah L. Cave on 10/3/19) (yv) Transmission to Docket Assistant Clerk for processing.
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| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 10/4/2019 Re: Magistrate Judge Sarah L. Cave #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) City of New York. (nb) |
| SUMMONS ISSUED as to City Of New York. (nb) |
| Magistrate Judge Sarah L. Cave is so redesignated. (wb) |
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Filing 8
ORDER REFERRING CASE TO 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). Referred to Magistrate Judge Sarah L. Cave. In light of Judge Pitman's retirement, the Court requests that a new Magistrate Judge be assigned forthwith. (Signed by Judge Paul A. Engelmayer on 9/27/2019) (rro) Modified on 10/3/2019 (rro).
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| Magistrate Judge Henry B. Pitman 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 Paul A. Engelmayer. Judge Colleen McMahon is no longer assigned to the case. (wb) |
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Filing 6
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Colleen McMahon on 9/18/2019) (sac)
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| Filing 5 AMENDED APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Devin White.(sc) |
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Filing 4
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an 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 9/25/2019. In Forma Pauperis (IFP) Application due by 9/25/2019. (Signed by Judge Colleen McMahon on 8/26/2019) (Attachments: #1 Supplement ifp)(bl) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #4 Order Directing Payment of Fee or IFP Application, to Devin White 2205 Davidson Ave. #6B Bronx, NY 10453. (vba) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (bcu) |
| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Devin White consents to receive electronic service via the ECF system. Document filed by Devin White.(rdz) |
| Filing 2 COMPLAINT against John Doe, et al.,, New York City Police Department (N.Y.P.D.). Document filed by Devin White.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Devin White.(rdz) |
| Case Designated ECF. (rdz) |
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