Brooks v. Westchester County Jail et al
| Shawn Brooks |
| Warden Middleton, Westchester County Jail, Captain Johnson, Sgt. Hollis, Veronica Dignam, C.O. Huges, Sgt. Dawson, Captain Robert and Captain Spaulding |
| 7:2019cv10901 |
| November 21, 2019 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on August 3, 2021. A more recent docket listing may be available from PACER.
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Filing 11
MARSHALS PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Veronica Dignam served on 12/16/2019, answer due 2/14/2020. Service was accepted by Osrick Gordon, Civ. Clerk, U.S. Attorneys Office, SDNY. Service was made by Cert. Mail to Attorney General, Dept. of Justice, Washington, and to Veronica Dignam. Document filed by Shawn Brooks. (sc)
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Mailed a copy of #10 Memo Endorsement, to Shawn Brooks ID #: 03970 Orange County Jail 110 Wells Farm Road Goshen, NY 10924. (aea)
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Filing 10
MEMO ENDORSEMENT on re: #8 Letter filed by Shawn Brooks. ENDORSEMENT: In the attached undated letter (Doc. #8), plaintiff, proceeding pro se and in forma pauperis, states he "sent my appeal to the wrong address," and requests the Court "honor that I did send out my papers before the 30 days notice but was told the wrong address." Plaintiff further requests the Court "look into this matter." To the extent plaintiff requests any relief, it is DENIED. This is a civil action arising from C.O. Hughes's alleged use of excessive force against plaintiff on October 9, 2019. This is not an appeal from plaintiff's conviction or a petition for habeas corpus. The Clerk is directed to mail a copy of this Order to plaintiff at the address on the 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). (Signed by Judge Vincent L. Briccetti on 12/12/2019) (va) Transmission to Docket Assistant Clerk for processing.
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Filing 9
ORDER: The only remaining claim is plaintiff's excessive force claim against C.O. Hughes. Defendant C.O. Hughes shall construe both complaints (Docs. #2, 7) as a single complaint. Clerk shall terminate from the docket defendants (i) Captain Johnson, (ii) Sgt. Hollis, (iii) Warden Middleton, (iv) Westchester County Jail, (v) Captain Robert, (vi) Sgt. Dawson, (vii) Captain Spaulding, and (viii) U.S. Probation Officer Veronica Dignam. In addition, although Sgt. Reyes Rhodes is listed in the caption of the second complaint, there are no allegations against him therein. Accordingly, any claims against Sgt. Reyes are dismissed. 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). SO ORDERED. Johnson, Middleton, Captain Robert, Captain Spaulding, Westchester County Jail, Sgt. Dawson and Hollis terminated. (Signed by Judge Vincent L. Briccetti on 12/11/2019) Per direction from chambers, copies mailed by chambers. (mml)
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Filing 8
LETTER from Shawn Brooks, re: Plaintiff informs the Court that he sent his appeal to the wrong address; and he requests that the Court honor that he did send his papers before the thirty-day notice. Document filed by Shawn Brooks.(sc)
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Filing 7
AMENDED COMPLAINT, re: amending #2 Complaint against Sgt. Dawson, Hollis, Huges, Johnson, Middleton, Captain Robert, Captain Spaulding, Westchester County Jail.Document filed by Shawn Brooks. Related document: #2 Complaint.(sc)
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 12/5/2019 Re: Judge Vincent L. Briccetti #6 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)Warden Middleton, Captain Johnson, C.O. Huges, Shield #1745, Sgt. Hollis, Veronica Dignam. (bwa)
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INFORMATION PACKAGE MAILED to Shawn Brooks ID #: 03970, at Orange County Jail 110 Wells Farm Road Goshen, NY 10924, on 12/5/2019 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)
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SUMMONS ISSUED as to Veronica Dignam, Hollis, Huges, Johnson, Middleton. (bwa)
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Filing 6
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 Westchester County Jail. See 28 U.S.C. 1915(e)(2)(B)(ii). The Clerk of Court is instructed to issue summonses, complete the USM-285 forms with the addresses for Captain Johnson; Sgt. Hollis; Warden Middleton; Sgt. Huges, Shield# 1745; and Veronica Dignam, U.S. Probation Officer, and deliver all documents necessary to effect service to the U.S. Marshals Service. 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). Westchester County Jail terminated. (Signed by Judge Vincent L. Briccetti on 12/3/2019) (mro) Transmission to Pro Se Assistants for processing.
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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 #4 Order Granting IFP Application in Prisoner Case, to Shawn Brooks ID #: 03970 Orange County Jail 110 Wells Farm Road Goshen, NY 10924; The Superintendent Orange County Jail 110 Wells Farm Road Goshen, NY 10924. (vba)
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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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb)
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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 11/27/2019) (va) Transmission to Docket Assistant Clerk for processing.
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Filing 3
PRISONER AUTHORIZATION. Document filed by Shawn Brooks.(rdz)
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Filing 2
COMPLAINT against Hollis, Johnson, Middletonia, Hugh Shield, Westchester County Jail. Document filed by Shawn Brooks.(rdz) Modified on 11/26/2019 (rdz).
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Shawn Brooks.(rdz) Modified on 11/26/2019 (rdz).
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Case Designated ECF. (rdz) Modified on 11/26/2019 (rdz).
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