Destine v. The City of New York et al
| Gregory Destine |
| The City of New York and Officer Joseph |
| 1:2020cv00082 |
| January 2, 2020 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Ona T Wang |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 8
ORDER OF REFERENCE TO A 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). Referred to Magistrate Judge Ona T. Wang. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/13/2020) Copies Mailed By Chambers. (ama)
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Filing 7
INFORMATION PACKAGE MAILED to Gregory Destine NYSID: 01798272M DIN No. 20R0172, at Ulster Correctional Facility 750 Berme Road P.O. Box 800 Napanoch, NY 12458-0800, on 2/7/2020 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 Joseph, The City of New York. (bwa)
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 2/7/2020 Re: Judge Laura Taylor Swain #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)City of New York, Police Officer Joseph, Badge No. 5012196. (bwa)
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Filing 6
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 also directs the Clerk of Court to issues summonses for the City of New York and Officer Joseph, 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. USM-285 Form due by 3/9/2020. Request for Issuance of Summons due by 3/9/2020. (Signed by Judge Laura Taylor Swain on 2/05/2020) Copies Mailed By Chambers. (ama) Transmission to Pro Se Assistants for processing.
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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 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 2/4/2020) (sac) Transmission to Docket Assistant Clerk for processing.
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Magistrate Judge Ona T. Wang 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. (bcu)
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NOTICE OF CASE REASSIGNMENT to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(bcu)
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Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Gregory Destine NYSID: 01798272M DIN No. 20R0172 Ulster Correctional Facility 750 Berme Road P.O. Box 800 Napanoch, NY 12458-0800 and to SUPERINTENDENT Ulster Correctional Facility 750 Berme Road P.O. Box 800 Napanoch, NY 12458-0800..(aea)
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Filing 3
PRISONER AUTHORIZATION. Document filed by Gregory Destine.(sac)
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Filing 2
COMPLAINT against Joseph, The City of New York. Document filed by Gregory Destine. (sac)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Gregory Destine.(sac)
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Case Designated ECF. (sac)
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