Massey v. New York City Department of Corrections et al
| Tyrone H. Massey |
| New York City Department of Corrections, City of New York, Correction Officer John Doe, Correction Officer Palmenteri, Captain John Doe and Ho |
| 1:2020cv05665 |
| July 21, 2020 |
| US District Court for the Southern District of New York |
| George B Daniels |
| Debra C Freeman |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 29, 2021. A more recent docket listing may be available from PACER.
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Filing 13
WAIVER OF SERVICE RETURNED UNEXECUTED as to Ho. Document filed by Ho..(Richardson, Lisa)
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Filing 12
WAIVER OF SERVICE RETURNED EXECUTED. Palmenteri waiver sent on 9/14/2020, answer due 11/13/2020. Document filed by Palmenteri..(Richardson, Lisa)
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Filing 11
WAIVER OF SERVICE RETURNED EXECUTED. City of New York waiver sent on 8/13/2020, answer due 10/13/2020. Document filed by City of New York..(Rolon, Amanda)
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Filing 10
NOTICE OF APPEARANCE by Amanda Marie Rolon on behalf of City of New York..(Rolon, Amanda)
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Received returned mail re: #9 FRCP 4 Service Package - Mailed. Mail was addressed to Tyrone H. Massey, B&C No. 3491905886, Mid Hudson Forensic Psychiatric Center, P.O. Box 158, New Hampton, NY 10958 and was returned for the following reason(s): Return To Sender Unable To Forward, RTS. (vn)
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Received returned mail re: #4 Order Granting IFP Application in Prisoner Case. Mail was addressed to Tyrone H. Massey at B&C No. 3491905886, Mid Hudson Forensic Psychiatric Center, P.O. Box 158, New Hampton, NY 10958 and was returned for the following reason(s): Return To Sender Insufficient Address Unable To Forward. (vn)
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Received returned mail re: #4 Order Granting IFP Application in Prisoner Case. Mail was addressed to Warden/Superintendent of Mid Hudson Forensic Psychiatric Center at P.O. Box 158, New Hampton, NY 10958 and was returned for the following reason(s): Discharged. (vn)
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Filing 9
INFORMATION PACKAGE MAILED to Tyrone H. Massey B&C No. 3491905886 Mid Hudson Forensic Psychiatric Center P.O. Box 158 New Hampton, NY 10958, at on 8/14/2020 Re: #8 Order of Service. 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. (nb)
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Mailed a copy of #2 Complaint, #8 Order of Service to New York City Law Department 100 Church St, New York, NY 10007. (nb)
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Filing 8
ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. An Amended Complaint form is attached to this order. The Court dismisses Plaintiff's claims against DOC. See 28 U.S.C. 1915(e)(2)(B)(ii). The Clerk of Court is further directed to electronically notify DOC and the New York City Law Department of this order. The Court requests that Defendants the City of New York, Correction Officer Palmenteri, and Dr. Ho waive service of summons. The Clerk of Court is also instructed to mail a copy of this order and the complaint to the New York City Law Department at: 100 Church St, New York, NY 10007. 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. (Waiver of Service due by 9/14/2020.) New York City Department of Corrections terminated. (Signed by Judge George B. Daniels on 8/13/2020) (rro) Transmission to Pro Se Assistants for processing.
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Filing 7
PRO SE PRETRIAL: Pro se Plaintiff and counsel for all parties are hereby notified that this case is referred to Magistrate Debra C. Freeman for the purposes of Case Management and Scheduling pursuant to Federal Rule Civil Procedure 16. You are directed to furnish all attorneys in this action with copies of this order and enclosures. If you are unaware of the identity of counsel for any of the parties, you must send a copy of the notice and rules to that party personally. All correspondence to the Court should be addressed to the chambers of Magistrate Judge Debra C. Freeman and submitted to the Pro Se Intake Unit, located in the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007 telephone (212) 805-0175. Any procedural questions by Pro Se plaintiff should be addressed to the Office of Pro Se Intake Unit at (212) 805-0175. (Signed by Judge George B. Daniels on 8/13/2020) (jwh) Modified on 8/13/2020 (jwh).
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Filing 6
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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Debra C. Freeman. SO ORDERED. (Signed by Judge George B. Daniels on 8/13/2020) (ks)
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Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Mid Hudson Forensic Psychiatric Center at P.O. Box 158 New Hampton, NY 10958. (dsh)
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NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. 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 Tyrone H. Massey at B&C No. 3491905886, Mid Hudson Forensic Psychiatric Center, P.O. Box 158, New Hampton, NY 10958. (dsh)
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Magistrate Judge Debra C. Freeman 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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Filing 4
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: 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 8/12/2020) (vn) Transmission to Docket Assistant Clerk for processing.
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***DELETED DOCUMENT. Deleted document number #4 ORDER GRANTING IFP APPLICATION. The document was incorrectly filed in this case. (tro)
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Filing 3
PRISONER AUTHORIZATION. Document filed by Tyrone H. Massey. (sac)
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Filing 2
COMPLAINT against City of New York, John Doe, John Doe, Ho, New York City Department of Corrections, Palmenteri. Document filed by Tyrone H. Massey. (sac)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Tyrone H. Massey. (sac)
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Case Designated ECF. (sac)
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