Vogel v. Ginty et al
| Richard Vogel |
| Robert Zangla, Frank J. Labuda, Deputy Officer Ruggerio, Lt. Christopher Bini, Captain James E. Ginty, Meagan Galligan, Cpl. Matis, Cpl. Colangelo and Warden Harold Smith |
| 7:2020cv06349 |
| August 11, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Nelson Stephen Roman |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 6, 2021. A more recent docket listing may be available from PACER.
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Filing 13
INFORMATION PACKAGE MAILED to Richard Vogel Downstate C.F. Box F Red Schoolhouse Rd. Fishkill, NY 12524, at, on 10/7/2020 Re: #11 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. (aan)
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| Filing 12 SUMMONS ISSUED as to Christopher Bini, Cpl. Colangelo, James E. Ginty, Cpl. Matis, Ruggerio, Harold Smith. (aan) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 10/7/2020 Re: Judge Nelson Stephen Roman #11 Order of Service. The following document(s) were enclosed in the Service Package: Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Warden Smith, Cpl. Calangelo, Capt. James Ginty, Deputy R. Ruggiero, Lt. Christopher Bini, and Cpl. Matis. (aan) |
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Filing 11
ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. 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 Sullivan County Jail Warden Smith, Cpl. Calangelo, Capt. James Ginty, Deputy R. Ruggiero, Lt. Christopher Bini, and Cpl. Matis and deliver all documents necessary to effect service to the U.S. Marshals Service. The Court dismisses Plaintiff's claims against Frank LaBuda, Esq on immunity grounds. See 28 U.S.C. 1915(e)(2)(B)(iii). The access-to-court claim is denied for failure to state a claim on which relief may be granted. See 28 U.S.C. 1915(e)(2)(B)(ii). Plaintiff is granted leave to replead his other conditions of confinement claims. 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 in forma pauperis 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). Frank J. Labuda (Attorney at Law) terminated. (Signed by Judge Nelson Stephen Roman on 10/6/2020) (mro) Transmission to Pro Se Assistants for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Louis L. Stanton is no longer assigned to the case..(bcu) |
| Magistrate Judge Paul E. Davison 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) |
| Filing 9 AMENDED COMPLAINT against Christopher Bini, Cpl. Colangelo, James E. Ginty, Frank J. Labuda, Cpl. Matis, Ruggerio, Harold Smith, re: amending #3 Complaint with JURY DEMAND.Document filed by Richard Vogel. Related document: #3 Complaint.(sc) |
| Filing 8 PRO SE MEMORANDUM dated 8/24/20 re: CHANGE OF ADDRESS for Richard Vogel. New Address: Downstate C.F. -D.O.C.S. Facility, Box F, Red Schoolhouse Rd., Fishkill, New York, 12524. (sc) |
| Filing 7 PRO SE MEMORANDUM dated 8/25/20 re: CHANGE OF ADDRESS for Richard Vogel. New Address: Downstate C.F., P.O. Box 445, Red Schoolhouse Rd., Fishkill, NY, 12524. (sc) |
| Prisoner Trust Fund Account Statement by Richard Vogel. (vn) |
| Mailed a copy of #6 Order 60 Days Amended Complaint (case opening), to Richard Vogel at ID No. 20200003, Sullivan County Jail, 58 Old Route 17, Monticello, NY 12701. (dsh) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Unassigned is no longer assigned to the case..(bcu) |
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Filing 6
ORDER TO AMEND: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an Amended Complaint, and label the document with docket number 20-CV-6349 (LLS). An Amended Civil Rights Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the complaint will be dismissed for failure to state a claim upon which relief may be granted. (Signed by Judge Louis L. Stanton on 8/14/2020) (nb) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #5 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent at Sullivan County Sheriff's Office, 4 Bushnell Ave., Monticello, NY 12701. (dsh) |
| Mailed a copy of #5 Order Granting IFP Application in Prisoner Case, to Richard Vogel at ID No. 20200003, Sullivan County Jail, 58 Old Route 17, Monticello, NY 12701. (dsh) |
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Filing 5
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 8/13/2020) (vn) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #1 Order, to Richard Vogel at ID No. 20200003, Sullivan County Jail, 58 Old Route 17, Monticello, NY 12701. (dsh) |
| Filing 4 PRISONER AUTHORIZATION. Document filed by Richard Vogel. (sac) |
| Filing 3 COMPLAINT against Christopher Bini, Meagan Galligan, James E. Ginty, Frank J. Labuda, Ruggerio, Robert Zangla. Document filed by Richard Vogel. (sac) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Richard Vogel. (sac) |
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Filing 1
ORDER: The Court severs Plaintiffs' claims from each other under Fed. R. Civ. P. 21. Anthony Correa will proceed as the sole plaintiff in this action. The Clerk of Court is further directed to open separate civil actions with new docket numbers for Jeremiah F. Herbert and Richard Vogel. A copy of the complaint (ECF No. 2), each plaintiff's respective request to proceed IFP and prisoner authorization, and this order should be docketed in each new case.The Clerk of Court is directed to mail a copy of this order to all Plaintiffs and note service on the docket. (Signed by Judge Louis L. Stanton on 8/11/2020) (sac) Transmission to Docket Assistant Clerk for processing.
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| Case Designated ECF. (sac) |
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