Newell v. Yatuku

Plaintiff:	Daniel William Newell
Defendant:	Correction Officer Yatuku
Interested Party:	Office of the Corporation Counsel of the City of New York
Case Number:	1:2019cv08912
Filed:	September 24, 2019
Court:	US District Court for the Southern District of New York
Presiding Judge:	Sarah L Cave
Referring Judge:	George B Daniels
Nature of Suit:	Prisoner: Prison Condition
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	Plaintiff

Docket Report

This docket was last retrieved on July 1, 2020. A more recent docket listing may be available from PACER.

Date Filed	Document Text
November 7, 2019	Set/Reset Hearings: Initial Conference set for 1/2/2020 at 02:00 PM before US Magistrate Judge Sarah L Cave. (kv)
November 7, 2019	Filing 14 ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE granting #13 Letter Motion to Adjourn Conference. The requested adjournment of the initial case management conference previously set for Wednesday, November 13, 2019 is GRANTED. The conference, which shall take place via telephone, is rescheduled for Thursday, January 2, 2020 at 2:00 p.m.. It is further ORDERED that defendant's counsel must: (1) transmit this order to the Warden immediately; (2) contact the Anna M. Kross Correctional Facility to arrange the telephone call and determine the number at which the plaintiff will be reachable at the scheduled date and time; and (3) telephone chambers at (212) 805-0214 with the plaintiff on the line at the date and time of the conference. The Clerk of the Court is respectfully directed to close the Letter-Motion at ECF No. 13 and to mail a copy of this order to plaintiff at the below address. (as further set forth herein). SO ORDERED. (Signed by US Magistrate Judge Sarah L Cave on 11/7/2019) (kv) Transmission to Docket Assistant Clerk for processing. Modified on 11/8/2019 (kv).
November 7, 2019	Mailed a copy of #14 Order on Motion to Adjourn Conference, to Daniel William Newell NYSID: 13411129Z B&C No. 3491803878 Anna M. Kross Correctional Facility 18-18 Hazen Street East Elmhurst, NY 11370. (vba)
November 6, 2019	Filing 13 FIRST LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Sarah L. Cave from Melissa Wachs dated November 6, 2019. Document filed by Office of the Corporation Counsel of the City of New York.(Wachs, Melissa)
October 28, 2019	Mailed a copy of #12 Scheduling Order,to Daniel William Newell NYSID: 13411129Z B&C No. 3491803878 Anna M. Kross Correctional Facility 18-18 Hazen Street East Elmhurst, NY 11370. (vba)
October 25, 2019	Filing 12 ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: The referral in this action (ECF No. 7) has been reassigned to the undersigned (ECF No. 9). This action is scheduled for an initial case management conference, via telephone, in accordance with Fed. R. Civ. P. 16, on Wednesday, November 13, 2019 at 2:00 p.m. It is hereby ORDERED that the Warden or other official in charge of the Rikers Island - Anna M. Kross Correctional Facility, produce plaintiff Daniel William Newell, Inmate No. NYSID 13411129Z, B&C No. 3491803878, on November 13, 2019, no later than 1:45 p.m., to a suitable location within the Anna M. Kross Correctional Facility that is equipped with a telephone, for the purpose of participating by telephone in a conference with the Court and defendant's counsel. If the scheduled date and time for the conference presents a hardship, the Warden or the Warden's designee should promptly inform the Court by calling (212) 8050214 and further set forth in this Order. The Clerk of the Court is respectfully directed to mail a copy of this order to plaintiff at the below address. (Initial Conference set for 11/13/2019 at 02:00 PM before US Magistrate Judge Sarah L Cave.) (Signed by US Magistrate Judge Sarah L Cave on 10/25/2019) (rro) Transmission to Docket Assistant Clerk for processing.
October 24, 2019	Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. Yatuku waiver sent on 10/24/2019, answer due 12/23/2019. Document filed by Yatuku. (Maginley-Liddie, Lynelle)
October 15, 2019	Filing 10 NOTICE OF APPEARANCE by Melissa Wachs on behalf of Office of the Corporation Counsel of the City of New York. (Wachs, Melissa)
October 3, 2019	Filing 9 ORDER: Pro se Plaintiff and counsel for all parties are hereby notified that this case is referred to Magistrate Sarah L. Cave for the purposes of Case Management and Scheduling pursuant to Federal Rule Civil Procedure 16. You are directed to furnish all attorneys in this action with copies of this order and enclosures. If you are unaware of the identity of counsel for any of the parties, you must send a copy of the notice and rules to that party personally. All correspondence to the Court should be addressed to the chambers of Magistrate Judge Sarah L. Cave and submitted to the Pro Se Intake Unit, located in the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007 telephone (212) 805-0175. Any procedural questions by Pro Se plaintiff should be addressed to the Office of Pro Se Intake Unit at (212) 805-0175. (Signed by Judge George B. Daniels on 10/2/2019) (jwh)
October 3, 2019	Filing 8 INFORMATION PACKAGE MAILED to Daniel William Newell, NYSID: 13411129Z, B&C No. 3491803878, at Anna M. Kross Correctional Facility, 18-18 Hazen Street East Elmhurst, NY 11370, on 10/3/2019 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)
October 2, 2019	Filing 7 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation) All such motions and General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah L. Cave. (Signed by Judge George B. Daniels on 10/2/2019) (cf)
October 2, 2019	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 Correction Officer Yatuku, Shield # 8152, waive service of summons. Waiver of Service due by 11/1/2019. (Signed by Judge George B. Daniels on 10/2/2019) (cf) Transmission to Pro Se Assistants for processing.
October 1, 2019	Magistrate Judge Sarah L. Cave is so redesignated. (wb)
September 30, 2019	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)
September 30, 2019	NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Unassigned is no longer assigned to the case. (wb)
September 27, 2019	Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Daniel William Newell NYSID: 13411129Z B&C No. 3491803878 Anna M. Kross Correctional Facility 18-18 Hazen Street East Elmhurst, NY 11370. (aea)
September 26, 2019	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 9/26/2019) (sac) Transmission to Docket Assistant Clerk for processing.
September 24, 2019	Filing 3 PRISONER AUTHORIZATION. Document filed by Daniel William Newell. (sac)
September 24, 2019	Filing 2 COMPLAINT against Yatuku. Document filed by Daniel William Newell. (sac)
September 24, 2019	Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Daniel William Newell. (sac)
September 24, 2019	Case Designated ECF. (sac)

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Defendant: Correction Officer Yatuku
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Plaintiff: Daniel William Newell
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Interested party: Office of the Corporation Counsel of the City of New York
Represented By:	Melissa Wachs
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