Sepe v. Korobkova et al
| Frank Sepe |
| New York State Department of Corrections and Community Supervision, Angel Justiniano, Yelena Korobkova, John Morley, Yelena Korobkova, MD and D Hinton |
| 7:2019cv08708 |
| September 19, 2019 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 20, 2020. A more recent docket listing may be available from PACER.
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| Filing 27 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. New York State Department of Corrections and Community Supervision served on 11/7/2019, answer due 1/6/2020. Service was made by Mail, signed and returned by Jonathan J. Wilson, Attorney. Document filed by Frank Sepe. (sc) |
| Filing 26 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to John Morley. Attempted Service of Summons and Complaint. Service was attempted on 11/12/19. Document filed by Frank Sepe. (sc) |
| Filing 25 ELECTRONIC SUMMONS ISSUED as to D Hinton. (jgo) |
| Filing 24 REQUEST FOR ISSUANCE OF SUMMONS as to D. Hinton, re: #20 Amended Complaint,. Document filed by Frank Sepe. (Agnew, Amy) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Amy Jane Agnew to RE-FILE Document No. #23 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the form used for the summons is not the official A.O. 440 Summons form. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct A.O. 440 Summons form PDF. (pne) |
| Filing 23 FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to D. Hinton, re: #20 Amended Complaint,. Document filed by Frank Sepe. (Agnew, Amy) Modified on 10/18/2019 (pne). |
| Filing 22 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Yelena Korobkova, MD served on 10/9/2019, answer due 12/9/2019. Service was accepted by Jonathan J. Wilson - Attorney. Document filed by Frank Sepe. (nb) |
| Filing 21 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, Complaint served. Angel Justiniano served on 10/9/2019, answer due 12/9/2019. Service was accepted by Jonathan J. Wilson - Attorney. Document filed by Frank Sepe. (nb) |
| Prisoner Trust Fund Account Statement by Frank Sepe.(vn) |
| Filing 20 FIRST AMENDED COMPLAINT amending #16 Amended Complaint, against D Hinton, New York State Department of Corrections and Community Supervision, Yelena Korobkova, MD with JURY DEMAND.Document filed by Frank Sepe. Related document: #16 Amended Complaint,.(Agnew, Amy) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Amy Jane Agnew to RE-FILE Document No. #17 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; due to deficient pleading, summons request could not be issued;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Amy Jane Agnew to RE-FILE re: Document No. #16 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add party Yelena Korobkova, MD; the wrong party/parties whom the pleading is against were selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
Filing 19
ORDER granting #18 LETTER MOTION to Expedite (not really) to Terminate Motions at Dkt. Nos. 4, 5 and 6. The motions referred herein should be dismissed. (Doc. No. 4,5,and 6). SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/3/2019) (jca)
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| Filing 18 LETTER MOTION to Expedite (not really) to Terminate Motions at Dkt. Nos. 4, 5 and 6 addressed to Judge Kenneth M. Karas from A. J. Agnew dated October 3, 2019. Document filed by Frank Sepe.(Agnew, Amy) |
| Filing 17 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to D. Hinton, re: #16 Amended Complaint. Document filed by Frank Sepe. (Agnew, Amy) Modified on 10/7/2019 (jgo). |
| Filing 16 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #2 Complaint against Yelena Korobkova, New York State Department of Corrections and Community Supervision, D Hinton with JURY DEMAND.Document filed by Frank Sepe. Related document: #2 Complaint.(Agnew, Amy) Modified on 10/7/2019 (jgo). |
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Filing 15
ORDER granting #14 FIRST LETTER MOTION for Leave to File Reply to DOCCS' submission due today. Plaintiff's Request is granted. As Defendants are not all served yet, there is no prejudice to them from Plaintiff's request. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/2/2019) (jca)
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| Filing 14 FIRST LETTER MOTION for Leave to File Reply to DOCCS' submission due today addressed to Judge Kenneth M. Karas from A.J. Agnew dated October 1, 2019. Document filed by Frank Sepe.(Agnew, Amy) |
| Filing 13 NOTICE OF APPEARANCE by Amy Jane Agnew on behalf of Frank Sepe. (Agnew, Amy) |
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Filing 12
INFORMATION PACKAGE MAILED to Frank Sepe DIN No. 80B1626 Sullivan Correctional Facility 325 Riverside Drive P.O. Box 116 Fallsburg, NY 12733-0116, at, on 9/26/2019 Re: #11 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 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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| SUMMONS ISSUED as to Angel Justiniano, Yelena Korobkova, John Morley, New York State Department of Corrections and Community Supervision. (nb) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 9/26/2019 Re: Judge Kenneth M. Karas #11 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) Angel Justiniano, Yelena Korobkova, John Morley, New York State Department of Corrections and Community Supervision. (nb) |
| Mailed a copy of #10 Memo Endorsement, to Frank Sepe DIN No. 80B1626 Sullivan Correctional Facility 325 Riverside Drive P.O. Box 116 Fallsburg, NY 12733-0116. (aea) |
| Transmission to Pro Se Assistants. Transmitted re: #11 Order of Service, Terminate Motions, to the Pro Se Assistants for processing. (yv) |
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Filing 11
ORDER: The Court therefore extends the time to serve the Defendants until 90 days after the date that the summonses for the Defendants are issued. If the Complaint is not served on the Defendants within that time, Plaintiff should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012) (holding that it is the plaintiff's responsibility to request an extension of time for service); see also Murray v. Pataki, 378 F. App'x 50, 52 (2d Cir. 2010) ("As long as the [plaintiff proceeding IFP] provides the information necessary to identify the defendant, the Marshals' failure to effect service automatically constitutes 'good cause' for an extension of time within the meaning of Rule 4(m)."). Plaintiff's Application is denied without prejudice. If circumstances change materially, Plaintiff may renew his request. The Clerk of the Court is respectfully directed to terminate the pending motion. (Dkt. No. 6.) The Court denies Plaintiff's Application. The Court directs the Clerk of Court to mail a copy of this order to Plaintiff, together with an information package. The Court also directs the Clerk of Court to complete USM-285 forms with the service addresses for Defendants Korobkova, Morley, Justiniano, and DOCCS, and deliver all documents necessary to effect service on those Defendants to the U.S. Marshals Service. Given the urgent nature of Plaintiff's complaints, the Clerk of Court and the U.S. Marshals Service is directed to expedite the service process and notify the relevant Parties as soon as possible, especially because Defendants have been directed to respond to the Plaintiff's Application for a Temporary Restraining Order by October 1, 2019. (Dkt. No. 10.) 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., Motions terminated: #6 MOTION to Appoint Counsel. filed by Frank Sepe. (Signed by Judge Kenneth M. Karas on 9/25/19) (yv)
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Filing 10
MEMO ENDORSEMENT on re: #4 Order to Show Cause - Unsigned filed by Frank Sepe. ENDORSEMENT: Defendants are to respond to this application, in detail, by 10/1/19. SO ORDERED. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Kenneth M. Karas on 9/25/2019) (jca) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #8 Order Granting IFP Application in Prisoner Case, to Frank Sepe DIN No. 80B1626 Sullivan Correctional Facility 325 Riverside Drive P.O. Box 116 Fallsburg, NY 12733-0116 and to SUPERINTENDENT Sullivan Correctional Facility 325 Riverside Drive P.O. Box 116 Fallsburg, NY 12733-0116. (aea) |
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Filing 8
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 statements 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 9/20/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Unassigned is no longer assigned to the case. (wb) |
| 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. (wb) |
| Filing 7 DECLARATION of Frank Sepe in Support re: #6 MOTION to Appoint Counsel. Document filed by Frank Sepe. (sac) |
| Filing 6 MOTION re to Appoint Counsel. Document filed by Frank Sepe. (sac) |
| Filing 5 DECLARATION of Frank Sepe in Support re: #4 Order to Show Cause - Unsigned. Document filed by Frank Sepe. (sac) |
| Filing 4 UNSIGNED ORDER TO SHOW CAUSE filed by Frank Sepe. (sac) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Frank Sepe. (sac) |
| Filing 2 COMPLAINT against Angel Justiniano, Yelena Korobkova, John Morley, New York State Department of Corrections and Community Supervision. Document filed by Frank Sepe. (sac) (Additional attachment(s) added on 9/19/2019: #1 Envelope) (sac). |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Frank Sepe. (sac) |
| Case Designated ECF. (sac) |
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