Brown v. Annucci et al
| Byron K. Brown |
| M. Royce, F. Caraballo, L. Malin, John Doe, M. Barnes, S. Amaro, T. Bowen, J. Ayala, D. Vennettozi, V. Young, Rodriguez John Doe, Michael Capra, K. Green, Anthony Annucci and J. Deckelbaum |
| 7:2019cv09048 |
| September 27, 2019 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 19, 2023. A more recent docket listing may be available from PACER.
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 11/25/2019 Re: Judge Vincent L. Briccetti #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) J. Deckelbaum. (nb)
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SUMMONS ISSUED as to J. Deckelbaum. (nb)
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Mailed a copy of #8 Order of Service to Byron K. Brown 98-A-2129 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (nb)
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Filing 8
AMENDED ORDER OF SERVICE: The Court directs the Clerk of Court to complete the USM-285 forms with the address for the listed defendant and deliver all documents necessary to effect service on this defendant to the U.S. Marshals Service. The Clerk shall mail a copy of this Order to plaintiff at the address on the docket. 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). (Signed by Judge Vincent L. Briccetti on 11/22/2019) (rro) Transmission to Pro Se Assistants for processing.
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Filing 7
1ST AMENDED COMPLAINT; re: amending #2 Complaint, against S. Amaro, Anthony Annucci, J. Ayala, M. Barnes, T. Bowen(Correctional Officer), Michael Capra, F. Caraballo, J. Deckelbaum, K. Green, John Doe, L. Malin, Rodriguez John Doe, M. Royce, D. Vennettozi, V. Young with JURY DEMAND.Document filed by Byron K. Brown. Related document: #2 Complaint,.(sc)
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Filing 6
INFORMATION PACKAGE MAILED to Byron K. Brown 98-A-2129 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562, at, on 10/30/2019 Re: #5 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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Mailed a copy of #2 Complaint, #5 Order of Service, to New York State Attorney General's Office 28 Liberty Street, New York, New York, 10005. (nb)
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 10/30/2019 Re: Judge Vincent L. Briccetti #5 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) S. Amaro, Anthony Annucci, J. Ayala, M. Barnes, T. Bowen(Correctional Officer), Michael Capra, F. Caraballo, K. Green, L. Malin, M. Royce, D. Vennettozi, V. Young. (nb)
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SUMMONS ISSUED as to S. Amaro, Anthony Annucci, J. Ayala, M. Barnes, T. Bowen(Correctional Officer), Michael Capra, F. Caraballo, K. Green, L. Malin, M. Royce, D. Vennettozi, V. Young. (nb)
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Filing 5
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 further instructed to complete the USM-285 forms with the addresses for DOCCS Acting Commissioner Anthony Annucci; DOCCS Director of Special Housing D. Venettozzi; Sing Sing Superintendent M. Capra; Correctional Captain M. Barnes; Correctional Sgt. F. Caraballo; Correctional Officers K. Green, T. Bowen, J. Ayala, and S. Amaro; Registered Nurse V. Young; Deputy Superintendent of Security M. Royce; and Deputy Superintendent of Programs L. Malin, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is also directed to mail a copy of this order and the complaint to the New York State Attorney General's Office at: 28 Liberty Street, New York, New York, 10005. 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 "Plaintiffs 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. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/29/2019) (rro) Transmission to Pro Se Assistants for processing.
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Magistrate Judge Judith C. McCarthy 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)
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NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (wb)
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Mailed a copy of #3 Order Granting IFP Application in Prisoner Case, to Byron K. Brown 98-A-2129 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562 ; SUPERINTENDENT Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (aea)
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Filing 3
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 10/7/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 2
COMPLAINT against S. Amaro, Anthony Annucci, J. Ayala, M. Barnes, T. Bowen(Correctional Officer), T. Bowen, Michael Capra, F. Caraballo, K. Green, John Doe, L. Malin, Rodriguez John Doe, M. Royce, D. Vennettozi, V. Young. Document filed by Byron K. Brown.(rdz)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Byron K. Brown.(rdz)
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Case Designated ECF. (rdz)
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