McKinley v. Doe et al
| Mark McKinley |
| Police Officer John Doe, City of New York and New York City Police Department |
| 1:2020cv03606 |
| May 7, 2020 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 25, 2024. A more recent docket listing may be available from PACER.
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Filing 10
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint, served. City of New York served on 6/5/2020, answer due 8/4/2020. Service was made by Mail, signed and returned by Hannah V. Faddis, Attorney. Document filed by Mark McKinley. (sc)
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Filing 9
NOTICE OF APPEARANCE by Hannah Victoria Faddis on behalf of City of New York. (Attachments: #1 Affidavit Declaration of Service).(Faddis, Hannah)
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Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to the Warden/Superintendent of Elmira Correctional Facility. (sac)
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Mailed a copy of #8 Order for Initial Pretrial Conference, to Mark McKinley, DIN No. 18A3270; Elmira Correctional Facility, P.O. Box 500, Elmira, NY 14902. (sac)
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Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE IN PRO SE ACTION: Initial Conference set for 8/25/2020 at 12:00 PM before Judge Katherine Polk Failla. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The dial-in information is as follows: At 12:00 p.m. the parties shall call (888) 363-4749 and enter access code 5123533. Please note that the conference line will not be available until 12:00 p.m. As further set forth in this Order. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/15/2020) (ks) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #6 Order of Service, to Mark McKinley, DIN No. 18A3270; Elmira Correctional Facility, P.O. Box 500, Elmira, NY 14902. (sac)
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Filing 7
FRCP 4 SERVICE PACKAGE MAILED to Mark McKinley DIN No. 18A3270 at, Elmira Correctional Facility P.O. Box 500 Elmira, NY 14902, on 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. (sbr)
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FRCP 4 SERVICE PACKAGE EMAILED TO U.S.M.: on 5/13/2020 Re: Judge Katherine Polk Failla #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)The City of New York. (sbr)
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Mailed a copy of #6 Order of Service, 2 Complaint, to New York City Law Department at: 100 Church Street New York, NY 10007. (sbr)
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Filing 6
ORDER OF SERVICE: The Court dismisses Plaintiff's claims against the New York Police Department and the Ninth Precinct because they lack the capacity to be sued. The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk of Court is further instructed to complete a USM-285 form with the address for the City of New York and deliver to the U.S. Marshals Service all documents necessary to effect service on the City of New York. The Clerk of Court is directed to mail a copy of this order and the complaint to the New York City Law Department at: 100 Church Street New York, NY 10007. An Amended Complaint form is attached to this order. 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 Katherine Polk Failla on 5/11/20) Copies Mailed By Chambers to Mark McKinley, DIN No. 18A3270, Elmira Correctional Facility P.O. Box 500,Elmira, NY 14902. (yv) Transmission to Pro Se Assistants for processing. Modified on 5/12/2020 (yv).
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NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case. (laq)
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Magistrate Judge Sarah Netburn 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. (laq)
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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 5/8/2020) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 3
PRISONER AUTHORIZATION. Document filed by Mark McKinley. (sac)
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Filing 2
COMPLAINT against City of New York, John Doe(working special narcotic north), John Doe(working special narcotics north), John Doe(working in the 9th Precinct), John Doe(Shield No. 947732), New York City Police Department. Document filed by Mark McKinley. (sac)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Mark McKinley. (sac)
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Case Designated ECF. (sac)
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