Mercado v. New Windsor NY P.D. 12553 et al
| Matthew Louis Mercado |
| New Windsor NY P.D. 12553, Det. Frank Volpe, Det. Kevin Moore and Town of New Windsor |
| 7:2019cv11843 |
| December 26, 2019 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Cathy Seibel |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 9
INFORMATION PACKAGE MAILED to Matthew Louis Mercado ID No. 201904058, at Orange County Jail 110 Wells Farm Road Goshen, NY 10924, on 2/19/2020 Re: #8 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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| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 2/19/2020 Re: Judge Cathy Seibel #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)Town of New Windsor, Detective Frank Volpe, Badge No. 137, Detective Kevin Moore, Badge No. 77. (bwa) |
| SUMMONS ISSUED as to Kevin Moore, Town of New Windsor, Frank Volpe. (bwa) |
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Filing 8
ORDER OF SERVICE: The Court directs the Clerk of Court to mail a copy of this order to Plaintiff, together with an information package. The Court dismisses Plaintiff's claims against the Town of New Windsor Police Department ("New Windsor NY P.D. 12553"). The Court also directs the Clerk of Court to add the Town of New Windsor as a defendant. Fed. R. Civ. P. 21. The Court further directs the Clerk of Court to issue summonses for the Town of New Windsor, Volpe, and Moore; complete USM-285 forms with the service addresses for those defendants; and deliver all documents necessary to effect service on those defendants 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). SO ORDERED. Town of New Windsor added. New Windsor NY P.D. 12553 terminated. (Signed by Judge Cathy Seibel on 2/18/2020) (mml) Transmission to Pro Se Assistants for processing. (Main Document 8 replaced on 2/18/2020) (mml).
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| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Colleen McMahon is no longer assigned to the case..(wb) |
| 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) |
| Mailed a copy of #6 Order Granting IFP Application in Prisoner Case, to Matthew Louis Mercado ID No. 201904058 Orange County Jail 110 Wells Farm Road Goshen, NY 10924 and SUPERINTENDENT Orange County Jail 110 Wells Farm Road Goshen, NY 10924..(aea) |
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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 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 he 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 his address changes, and the Court may dismiss the action if he fails to do so. (Signed by Judge Colleen McMahon on 2/13/2020) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 5 PRISONER AUTHORIZATION. Document filed by Matthew Louis Mercado.(sc) |
| Filing 4 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Matthew Louis Mercado.(sc) |
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Filing 3
ORDER DIRECTING PAYMENT OF FEES OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the relevant fees or submit an IFP application & an appropriate Prisoner Authorization 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).Fees due by 2/3/2020. In Forma Pauperis (IFP) Application due by 2/3/2020. Prisoner Authorization Form due by 2/3/2020. (Signed by Judge Colleen McMahon on January 3, 2020) (Attachments: #1 IFP Application, #2 Prisoner Authorization)(jjg) 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 Payment of Fee or IFP Application & Prisoner Authorization, to Matthew Louis Mercado ID No. 201904058 Orange County Jail 110 Wells Farm Road Goshen, NY 10924. (aea) |
| Filing 2 PRISONER AUTHORIZATION. Document filed by Matthew Louis Mercado.(rdz) Modified on 1/3/2020 (rdz). |
| Filing 1 COMPLAINT against Kevin Moore, New Windsor NY P.D. 12553, Frank Volpe. Document filed by Matthew Louis Mercado.(rdz) Modified on 1/3/2020 (rdz). |
| Case Designated ECF. (rdz) |
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