Nieves v. Farber et al
| Michael Nieves |
| Fire Marshal Phillip Meager, Honorable Judge Curtis J. Farber, Brandon Riddle, Police Officer James Marcinek, Police Officer Rufian Arshad and Cyrus R. Vance, Jr. |
| 1:2020cv00990 |
| February 5, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lewis J Liman |
| Colleen McMahon |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Mailed (by Chambers) a copy of #12 Order of Service and information package to Michael Nieves at NYSID # 0889698 C #14384 Mid-Hudson Forensic Psychiatric Center 2834 Route 17-M New Hampton, NY 10958. (mf) Modified on 4/2/2020 (mf). |
Filing 12
ORDER OF SERVICE: The Court's Chambers will mail a copy of this order to Plaintiff, together with an information package. The Court dismisses Plaintiff's claims against Justice Curtis J. Farber, Cyrus R. Vance Jr., and Brandon Riddle. 28 U.S.C. 1915(e) (2)(B)(iii). The Court also dismisses Plaintiff's remaining claims for injunctive and declaratory relief in his complaint, and denies his application for a temporary restraining order and a preliminary injunction (ECF 3), without prejudice to Plaintiff's filing a petition for a writ of habeas corpus under 28 U.S.C. 2241 after Plaintiff has exhausted his available state-court remedies. The Court further denies Plaintiff's application for the appointment of counsel without prejudice to Plaintiff's filing an application for the Court to request pro bono counsel at a later date. (ECF 5.) The Court additionally directs the Clerk of Court to issue summonses for Defendants Phillip Meagher (referred to by Plaintiff as "Meager"), James Marcinek, and Rufian Arshad; 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. (Curtis J. Farber and Brandon Riddle (Assisistant District Attorney, all Acting under color of the City of New York, and under the United States Federal Government ) terminated., Motions terminated: #5 MOTION to Appoint Counsel filed by Michael Nieves.) (Signed by Judge Lewis J. Liman on 3/30/2020) (rro) Transmission to Pro Se Assistants 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. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Colleen McMahon is no longer assigned to the case..(wb) |
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Filing 10
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 3/11/2020) (sac) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #10 Order Granting IFP Application in Prisoner Case, to Michael Nieves NYSID # 0889698 C #14384 Mid-Hudson Forensic Psychiatric Center 2834 Route 17-M New Hampton, NY 10958 and SUPERINTENDENT Mid-Hudson Forensic Psychiatric Center 2834 Route 17-M New Hampton, NY 10958. (aea) |
| Filing 9 PRISONER AUTHORIZATION. Document filed by Michael Nieves.(sc) |
| Filing 8 LETTER addressed to Judge Colleen McMahon from M. Nieves, dated 2/24/20 re: In light of my current lawsuits and lack of societal support, and also in light of many intellectual Properties or Inventions(please see attached documents as indicated) which have been stolen from me by the City, State and/or powerful corporate officials, I believe that my life is in serious danger etc. Document filed by Michael Nieves.(sc) |
| Mailed a copy of #7 Order Directing Prisoner Authorization, to Michael Nieves 08896985-2 Mid-Hudson Forensic Psychiatric Center 2834 Route 17-M New Hampton, NY 10958..(aea) |
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Filing 7
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 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 3/9/2020. (Signed by Judge Colleen McMahon on February 7, 2020) (Attachments: #1 Prisoner Authorization) (jjg) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #3 Order to Show Cause - Unsigned to Michael Nieves 08896985-2 Mid-Hudson Forensic Psychiatric Center 2834 Route 17-M New Hampton, NY 10958..(vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(wb) |
| Filing 6 AFFIDAVIT of this 1983 Complaint. Document filed by Michael Nieves..(rdz) |
| Filing 5 APPLICATION for the APPOINTMENT OF COUNSEL. Document filed by Michael Nieves..(rdz) |
| Filing 4 PRISONER AUTHORIZATION. Document filed by Michael Nieves..(rdz) |
| Filing 3 UNSIGNED ORDER TO SHOW CAUSE for Preliminary Injunction and Temporary Restraining Order. filed by Michael Nieves. (rdz) Transmission to Docket Assistant Clerk for processing. |
| Filing 2 COMPLAINT against Rufian Arshad, Curtis J. Farber, James Marcinek, Phillip Meager, Brandon Riddle, Cyrus R. Vance, Jr. Document filed by Michael Nieves. (Attachments: #1 Exhibit, #2 Exhibit).(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Michael Nieves..(rdz) |
| Case Designated ECF. (rdz) |
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