Augustin v. Westchester Department of Corrections et al
| Jerry Augustin |
| Jane Doe, Westchester Department of Corrections, Jane Doe 1, John Doe, Captain Johnson, John Parks/Doe, Correct Care Solution, Dr. Parks, C.O. Walker, Jane Doe 2, John Doe 2, Jane Doe 3, John Doe 1, C.O. Santoray, C.O. Craven, Jane Doe/Johnson, C.O. Garvin and Westchester County |
| 7:2019cv08558 |
| September 13, 2019 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 17, 2021. A more recent docket listing may be available from PACER.
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Filing 9
INFORMATION PACKAGE MAILED to Jerry Augustin ID No. 174500 Orange County Jail 110 Wells Farm Road Goshen, NY 10924, at, on 11/8/2019 Re: #8 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, an AMENDED COMPLAINT FORM, 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. (nb)
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Filing 8
ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. An "Amended Complaint" form is attached to this order. The Court dismisses Plaintiffs claims against the DOC. See 28 U.S.C. 1915(e)(2)(B)(ii). The Clerk of Court is directed to add Westchester County as a Defendant under Fed. R. Civ. P. 21. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Westchester County, Correct Care Solutions, Santora, Craven, and Parks 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 Westchester County Attorney at: 148 Martine Avenue, White Plains, NY 10601. Local Civil Rule 33.2, which requires defendants in certain types of prisoner cases to respond to specific, court-ordered discovery requests, applies to this action. Those discovery requests are available on the Court's website under "Forms" and are titled "Plaintiff's Local Civil Rule 33.2 Interrogatories and Requests for Production of Documents." Within 120 days of service of the complaint, Defendants must serve responses to these standard discovery requests. In their responses, Defendants must quote each request verbatim. 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. Westchester County added. Westchester Department of Corrections terminated. (Signed by Judge Cathy Seibel on 11/8/2019) (mml) Transmission to Pro Se Assistants for processing.
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| Magistrate Judge Paul E. Davison 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 Cathy Seibel. Judge Colleen McMahon is no longer assigned to the case. (wb) |
| SUMMONS ISSUED as to Correct Care Solution, Craven, Parks, Santora, Westchester County. (nb) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 11/8/2019 Re: Judge Cathy Seibel #8 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) Correct Care Solution, Craven, Parks, Santora, Westchester County. (nb) |
| Mailed a copy of #6 Order Granting IFP Application in Prisoner Case, to Jerry Augustin ID No. 174500 Orange County Jail 110 Wells Farm Road Goshen, NY 10924; The Superintendent ID No. 174500 Orange County Jail 110 Wells Farm Road Goshen, NY 10924. (vba) |
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Filing 6
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 10/15/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 5 PRISONER AUTHORIZATION. **Docket Sheet Request mailed to Jerry Augustin, ID#201803586, 110 Wells Farm Rd., Goshen, NY 10924. Document filed by Jerry Augustin.(sc) Modified on 10/3/2019 (sc). |
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Filing 4
ORDER DIRECTING UPDATED PRISONER AUTHORIZATION: Plaintiff is directed to submit a completed and signed Prisoner Authorization Form 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). Prisoner Authorization Form due by 10/18/2019. (Signed by Judge Colleen McMahon on 9/18/2019) (Attachments: #1 Exhibit prisoner authorization)(asg) Transmission to Docket Assistant Clerk for processing.
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| ***DELETED DOCUMENT. Deleted document number #5 ORDER DIRECTING PRISONER AUTHORIZATION. The document was incorrectly filed in this case. (mt) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb) |
| Mailed a copy of #4 Order Directing Updated Prisoner Authorization, to Jerry Augustin ID No. 174500 Orange County Jail 110 Wells Farm Road Goshen, NY 10924. (aea) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Jerry Augustin. (sac) |
| Filing 2 COMPLAINT against Correct Care Solution, Craven, Jane Doe, John Doe(ERT Correctional Officer assisted C.O. Craven excessive force), John Doe(Sgt. Assisted Jane Doe 1 Medical Staff to 1K), John Doe(Medical Staff assisted Jane Doe 2 to help me walk), Jane Doe 1, John Doe 1, John Doe 1, Jane Doe 2, John Doe 2, Jane Doe 3, Jane Doe/Johnson, Garvin, Johnson, Parks, John Parks/Doe, Santoray, Walker, Westchester Department of Corrections. Document filed by Jerry Augustin. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jerry Augustin. (sac) |
| Case Designated ECF. (sac) |
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