Owens v. Police Department of New York City et al
| David S. Owens |
| Police Department of New York City, John Doe Police Officer and City Of New York |
| 1:2019cv10213 |
| November 1, 2019 |
| US District Court for the Southern District of New York |
| James L Cott |
| George B Daniels |
| Colleen McMahon |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 14
ORDER: By letter dated December 18, 2019, Mr. Owens requested that his case be adjourned for an indefinite period of time as he attempts to find an attorney to represent him. Dkt. No. 13. The Court construes the letter as a request for an extension of time to move forward with his case. To date, no defendant has appeared. The Court will therefore give Mr. Owens until March 31, 2020 to secure counsel. If additional time is needed, another request may be made at that time. In his December 18 letter, Mr. Owens also requested that Judge Daniels preside over the case. By Order of Reference dated December 2, 2019, Judge Daniels referred this case to me for general pretrial supervision and a report and recommendation on any dispositive motion. Dkt. No. 8. However, Judge Daniels remains the trial judge and ultimate decision-maker in resolving this case. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 12/30/2019) Copies Mailed By Chambers. (jca)
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| Filing 13 LETTER addressed to Magistrate Judge James L. Cott from David Owens, dated 12/18/19 re: Plaintiff submits letter with attached documents from the Supreme Court of the State of New York and Bellevue Hospital Center; and Plaintiff writes that he has enclosed the attached documents to verify to the Court that he has a history of mental illness. Plaintiff requests that the Court grant him an adjournment of the case for an indefinite period of time so that he can attempt to cause an attorney to represent him in this case. Document filed by David S. Owens.(sc) |
| Prisoner Trust Fund Account Statement by David S. Owens.(vn) |
| Filing 12 LETTER from David Owens, dated 12/9/19 re: Plaintiff submits letter with attached pages of arrest record from the New York County Criminal Court and hospital record from the Bellevue Hospital Center dated 6/17/17; and he requests that the Court will cause each of these documents to be part of the case. Document filed by David S. Owens.(sc) |
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Filing 11
INFORMATION PACKAGE MAILED to David S. Owens 18-A-2545/5325148Y, at Auburn Correctional Facility P.O. Box 618 Auburn, NY 13024, on 12/5/2019 Re: #10 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)
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| SUMMONS ISSUED as to City Of New York. (bwa) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 12/5/2019 Re: Judge George B. Daniels #10 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. (bwa) |
| Mailed a copy of #2 Complaint, #10 Order of Service to the New York City Law Department at 100 Church Street, New York, New York 10007. (bwa) |
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Filing 10
ORDER OF SERVICE: 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 Police Department of New York City. 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 issue a summons, complete the USM-285 form with the address for the City of New York, and deliver to the U.S. Marshals Service all documents necessary to effect service. The Clerk of Court is directed to mail a copy of this order and the complaint to New York City Law Department at: 100 Church Street, New York, New York 10007. 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). (City Of New York added. Police Department of New York City terminated.) (Signed by Judge George B. Daniels on 12/2/2019) (jwh) Transmission to Pro Se Assistants for processing. Modified on 12/3/2019 (jwh).
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Filing 9
PRO SE PRETRIAL ORDER: Pro se Plaintiff and counsel for all parties are hereby notified that this case is referred to Magistrate James L. Cott, 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 James L. Cott 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. SO ORDERED. (Signed by Judge George B. Daniels on 12/2/2019) (jca)
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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); Dispositive Motion (i.e., motionrequiring a Report and Recommendation). Referred to Magistrate Judge James L. Cott. SO ORDERED. (Signed by Judge George B. Daniels on 12/2/2019) (jca)
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| Magistrate Judge James L. Cott 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Colleen McMahon is no longer assigned to the case. (wb) |
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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 11/26/2019) (va) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #6 Order Granting IFP Application in Prisoner Case, to David S. Owens 18-A-2545/5325148Y Auburn Correctional Facility P.O. Box 618 Auburn, NY 13024 and to SUPERINTENDENT at Auburn Correctional Facility P.O. Box 618 Auburn, NY 13024. (aea) |
| Filing 5 PRISONER AUTHORIZATION. Document filed by David S. Owens.(sc) |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to David S. Owens 18-A-2545/5325148Y at Auburn Correctional Facility, P.O. Box 618, Auburn, NY 13024 on 11/22/2019. (bwa) |
| Request for Copy of the updated Docket Sheet Received: Re #4 Letter,. Request for Docket Report, from David Owens received on 11/22/19. Transmission to Pro Se Assistants for processing. (sc) |
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Filing 3
ORDER DIRECTING 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 12/5/2019. (Signed by Judge Colleen McMahon on 11/5/2019) (Attachments: #1 Prisoner Authorization)(dmg) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb) |
| Mailed a copy of #3 Order Directing Prisoner Authorization, to David S. Owens 18-A-2545/5325148Y Auburn Correctional Facility P.O. Box 618 Auburn, NY 13024. (vba) |
| Filing 4 LETTER from David Owens, dated 10/30/19 re: Plaintiff submits letter with attached Affidavit of Service of Complaint; and he requests that the Court attach the enclosed document(as indicated) to the Complaint mailed on 10/28/19. Document filed by David S. Owens.(sc) |
| Filing 2 COMPLAINT against John Doe Police Officer, Police Department of New York City. Document filed by David S. Owens.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by David S. Owens.(rdz) Modified on 11/5/2019 (rdz). |
| Case Designated ECF. (rdz) |
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