Zeng v. City of New York et al
| Xiamin Zeng |
| Detective Patrick Lynaugh, City of New York, Deputy Inspector Rhonda O'Reilly Bovell, Detective Estavillo, Eunice Iwenofu, Captain Dennis E. Gray, Rachelle Soku, Beatrice Benon, Correction Officer Jean, David Hansell, Correction Officer, Karen Feuer, Supervisor and Rosalynn Sanchez |
| 1:2020cv00451 |
| January 16, 2020 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 7
INFORMATION PACKAGE MAILED to Xiamin Zeng, at 110 Columbia Street Apt. 1A New York, NY 10002, on 2/27/2020 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 flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), 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, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (bwa)
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| SUMMONS ISSUED as to Beatrice Benon, City of New York, Karen Feuer, David Hansell, Eunice Iwenofu, Rosalynn Sanchez, Rachelle Soku. (bwa) |
| Mailed a copy of #6 Order of Service, #4 Amended Complaint, to the New York City Law Department at 100 Church Street, New York, NY 10007. (bwa) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 2/27/2020 Re: Judge Mary Kay Vyskocil #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)Commissioner David Hansell; Beatrice Benon, Supervisor; Eunice Iwenofu; Rachelle Soku, Esq.; Principal Karen Feuer; Rosalynn Sanchez; City of New York. (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. Plaintiff is granted leave to file a second amended complaint that complies with the standards set forth above. Plaintiff must submit the second amended complaint to this Court's Pro Se Intake Unit within 60 days of the date of this order, caption the document as a "Second Amended Complaint," and label the document with docket number 20-CV-0451 (MKV). A Second Amended Complaint form is attached to this order. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Hansell, Benon, Iwenofu, Soku, Feuer, Sanchez, and the City of New York, 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 amended complaint to the New York City Law Department at: 100 Church Street, New York, NY 10007. The Clerk of Court must also electronically notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that Defendants Supervisor Shield #1777, Correction Officer Shield #11210; Correction Officer Shield #1104; and Correction Officer Shield #8906 waive service of summons. 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. (Signed by Judge Mary Kay Vyskocil on 2/25/2020) (kv) Transmission to Pro Se Assistants for processing.
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| Filing 4 AMENDED COMPLAINT, re: amending #2 Complaint, against Beatrice Benon, Rhonda O'Reilly Bovell, City of New York, Correction Officer(Shield No. 11210), Correction Officer(Shield No. 1104), Estavillo, Karen Feuer, Dennis E. Gray, David Hansell, Eunice Iwenofu, Jean, Patrick Lynaugh, Vito Mustachiuolo, Gregory Russ, Rosalynn Sanchez, Rachelle Soku, Supervisor with JURY DEMAND.Document filed by Xiamin Zeng. Related document: #2 Complaint.(sc) |
| Magistrate Judge Katharine H. Parker 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 Mary Kay Vyskocil. Judge Unassigned is no longer assigned to the case..(wb) |
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Filing 3
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Colleen McMahon on 2/6/2020) (sac) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #3 Order Granting IFP Application to Xiamin Zeng 110 Columbia Street Apt. 1A New York, NY 10002. (nb) |
| Filing 2 COMPLAINT against Beatrice Benon, Rhonda O'Reilly Bovell, City of New York, Correction Officer(Shield No. 11210), Correction Officer(Shield No. 1104), Estavillo, Karen Feuer, Dennis E. Gray, David Hansell, Eunice Iwenofu, Jean, Patrick Lynaugh, Rosalynn Sanchez, Rachelle Soku, Supervisor. Document filed by Xiamin Zeng.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Xiamin Zeng.(rdz) |
| Case Designated ECF. (rdz) |
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