Levinson v. Federal Bureau of Prisons Metropolitan Corrections Center-NY Warden
| 1:2020cv07375 |
| October 13, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
102
ORDER: It is hereby ORDERED that the Warden or other official in charge of the Essex County Correctional Facility produce plaintiff Nikolay Levinson, ID #227010053, on August 9, 2023, at 9:30 a.m., to a suitable location within the facilit y that is equipped with a telephone, for the purpose of participating by telephone in a conference with his counsel, David White, Esq., Director, Seaton Hall Law Conflict Management Program, 973-642-8084. If the scheduled time and date presents a hardship, the Warden or the Warden's designee should promptly inform chambers by calling (212) 805-0234. Plaintiff's counsel, Mr. White, must: (1) send this Order to the Warden immediately; and (2)contact Essex County Correctional Facili ty to arrange the call and determine the telephone number at which the plaintiff will be reachable at the above time and date. The Clerk of Court is requested to mail a copy of this order to the Plaintiff. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/1/2023) (vfr)
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Filing
92
ORDER: As discussed at the April 6, 2023 case management conference, Plaintiff shall file a letter with the Court by May 8, 2023 informing the Court whether Plaintiff is withdrawing his medical malpractice claim. If Plaintiff chooses not to wit hdraw the medical malpractice claim, Plaintiff shall include the name of the expert he will be retaining in the letter. Defendant's motion for summary judgment is due Wednesday, June 7, 2023. Plaintiff's opposition to the motion for summ ary judgment is due Friday, July 7, 2023. Defendant's reply is due Friday July 21, 2023. The Clerk of the Court is respectfully requested to mail a copy of this order to the Plaintiff. SO ORDERED.( Motions due by 6/7/2023., Replies due by 7/21/2023., Responses due by 7/7/2023) (Signed by Magistrate Judge Katharine H. Parker on 4/6/2023) (vfr)
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Filing
84
ORDER: As discussed at the November 14, 2022 case management conference, the parties shall file a joint status letter by December 30, 2022 after the Defendant's deposition of Nikolay Levinson. The Clerk of the Court is respectfully requested to mail a copy of this order to the Plaintiff. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/16/2022) (vfr)
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Filing
60
ORDER ADOPTING REPORT & RECOMMENDATION for 36 Motion to Dismiss filed by United States of America/Bureau of Prisons/ Metropolitan Corr. Center - New York, Yoon Kang, Correction Officer Torres, Mandeep Singh, 58 Report and Recommendation . IT IS HEREBY ORDERED that the Court ADOPTS the R&R in full. Defendants' motion is GRANTED in its entirety. All claims are hereby DISMISSED with prejudice, except for Plaintiff's state law tort claims pursuant to the FTCA, for which t he United States is the only proper defendant and should be substituted in place of all other defendants. Because the R&R gave the parties adequate warning, see R&R at 28, the failure to file any objections to the R&R precludes appellate review o f this decision. See Mario v. P & C Food Markets, Inc., 313 F.3d 758, 766 (2d Cir. 2002) ("Where parties receive clear notice of the consequences, failure timely to object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision.") (citation omitted). Because appellate review is precluded, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good fai th, and, therefore, permission to proceed in forma pauperis for purposes of appeal is denied. IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to terminate Defendants Mandeep Singh; Correction Officer Torres; Yoon Kang; and co mbined Defendant United States of America, Federal Bureau of Prisons, Metropolitan Corrections Center NY. The Clerk of Court is respectfully directed to substitute Defendant United States of America in place of Defendant United States of America, F ederal Bureau of Prisons, Metropolitan Corrections Center NY. IT IS FURTHER ORDERED that Clerk of Court is respectfully directed to terminate the open motion at Docket 36. The Clerk is further directed to mail a copy of this Order to the pro se Plaintiff and to note the mailing on the docket. SO ORDERED. United States of America added. Correction Officer Torres ((female)), United States of America/Bureau of Prisons/ Metropolitan Corr. Center - New York, Yoon Kang (Physicians Assistant (MCC-NY)) and Mandeep Singh (Physicians Assistant (MCC-NY)) terminated. (Signed by Judge Valerie E. Caproni on 3/28/2022) (mml) Transmission to Docket Assistant Clerk for processing.
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Filing
59
ORDER SCHEDULING CASE MANAGEMENT CONFERENCE: A telephonic Case Management Conference in this matter is hereby rescheduled to Monday, June 13, 2022 at 11:00 a.m. It is hereby ORDERED that the Warden or other official in charge of F.C.I. Dan bury produce plaintiff Nikolay Levinson, Register Number: 86389-054, on June 13, 2022, no later than 11:00 a.m., to a suitable location within the facility that is equipped with a telephone, for the purpose of participating by telephone in a confe rence with the Court and defendants' counsel. If the scheduled time and date presents a hardship, the Warden or the Warden's designee should promptly inform chambers by calling (212) 805-0234. Defendants' counsel must: (1) send t his Order to the Warden immediately; (2) contact F.C.I. Danbury to arrange the call and determine the telephone number at which the plaintiff will be reachable at the above time and date; and (3) call Judge Parker's teleconference line at the scheduled time with the Plaintiff already on the phone. Please dial (866) 434-5269, Access code: 4858267. The Clerk of Court is requested to mail a copy of this order to the plaintiff. SO ORDERED. ( Telephone Conference set for 6/13/2022 at 11:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 3/10/2022) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing
43
ORDER DIRECTING FACILITY TO PRODUCE INMATE FOR CASE MANAGEMENT CONFERENCE: A telephonic Case Management Conference in this matter has been scheduled for Wednesday, September 29, 2021 at 11:00 a.m. It is hereby ORDERED that the Warden or other off icial in charge of the Essex County Correctional Center produce plaintiff Nikolay Levinson., Inmate Number 217007038, on September 29, 2021, no later than 11:00 a.m., to a suitable location within the Essex County facility that is equipped with a telephone, for the purpose of participating by telephone in this conference with the Court and defendants' counsel. If the scheduled time and date presents a hardship, the Warden or the Warden's designee should promptly inform cham bers by calling (212)805-0234. Defendants' counsel must: call Judge Parker's teleconference line at the scheduled time with the Plaintiff already on the phone. Please dial (866) 434-5269, Access code: 4858267. The Clerk of Court is requested to mail a copy of this order to the Plaintiff. A copy of this order has been emailed by Chambers to the staff at the Essex County Correctional Center. SO ORDERED. ( Telephone Conference set for 9/29/2021 at 11:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 9/22/2021) Copies Mailed By Chambers. (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing
25
ORDER granting 24 Letter Motion to Adjourn Conference. APPLICATION GRANTED: The telephonic Initial Case Management Conferences in this matter scheduled for Wednesday, June 2, 2021 at 2:00 p.m. is hereby rescheduled to Monday, July 26, 2021 at 12:00 p.m. It is hereby ORDERED that the Warden or other official in charge of the Bayside State Prison produce plaintiff Nikolay Levinson., Inmate Number 713775C, on July 26, 2021, no later than 12:00 p.m., to a suitable location within the Bayside State Prison that is equipped with a telephone, for the purpose of participating by telephone in a conference with the Court and defendants' counsel. If the scheduled time and date presents a hardship, the Warden or the Warden's designee s hould promptly inform chambers by calling (212) 805-0234. The Parties are directed to review Judge Parker's Individual Rules of Practice in Civil Cases attached to this order. Plaintiff should submit the Proposed Case Management Plan for Pro Se Cases and mail it to the Pro Se Intake Unit, U.S. District Court, 500 Pearl Street Room 200, New York, New York 10007 one week before the scheduled conference. Defendants' counsel must: (1) send this Order to the Warden immediately; (2) contact the Bayside State Prison to arrange the call and determine the telephone number at which the plaintiff will be reachable at the above time and date; (3) complete the Proposed Case Management Plan For Pro Se Plaintiffs and e-mail it to Parker_NYSDCham bers@nysd.uscourts.gov, and (4) call Judge Parker's teleconference line at the scheduled time with the Plaintiff already on the phone. Please dial (866) 434-5269, Access code: 4858267. The Defendant is directed to notify an Official at the Bayside State Prison that this proceeding has been rescheduled. The Clerk of Court is requested to mail a copy of this order to the plaintiff. Initial Conference set for 7/26/2021 at 12:00 PM before Magistrate Judge Katharine H. Parker.. (Signed by Magistrate Judge Katharine H. Parker on 5/26/2021) (nb) Transmission to Docket Assistant Clerk for processing.
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Filing
10
ORDER OF SERVICE: To allow Plaintiff to effect service on Defendants the United States of America, the Federal Bureau of Prisons, the Metropolitan Corrections Center New York, Mandeep Singh, Yoon Kang, and Correctional Officer Torres through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form (USM-285 form) for each of these defendants. The Clerk of Court is further instructed to issue a summons and deliver to th e Marshals Service all the paperwork necessary for the Marshals Service to effect service upon these defendants. Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so. The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/29/2021) (jca) Transmission to Pro Se Assistants for processing.
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Filing
5
ORDER OF SERVICE: The Clerk of Court is directed to issue summonses as to Defendants United States of America, Federal Bureau of Prisons, Metropolitan Corrections Center New York, Mandeep Singh, Yoon Kang, and Correctional Officer Torres. Plaintiff is directed to serve the summons and complaint on each Defendant within 90 days of the issuance of the summonses. Pursuant toFederal Rule of Civil Procedure 4(i)(1), to serve the United States, Plaintiff must "(A)(i) deliver a copy of the summon s and complaint to the United States attorney for the district where the action is brought or to an assistant United States attorney or clerical employee whom the United States attorney designates in a writing filed with the court clerk or (ii) sen d a copy ofeach by registered or certified mail to the civil-process clerk at the United States attorney's office; [and] (B) send a copy of each by registered or certified mail to the Attorney General of the United States at Washington, D.C.&quo t; Pursuant to Rule 4(i)(2), "[t]o serve a United States agency or corporation, or a United States officer or employee sued only in an official capacity, a party must serve the United States and also send a copy of the summons and of the complai nt by registered or certified mail to the agency, corporation, officer, or employee." Pursuant to Rule 4(i)(3), "to serve a United States officer or employee sued in an individual capacity for an act oromission occurring in connection with duties performed on the United States' behalf (whether or not the officer or employee is also sued in an official capacity), a party must serve the United States and also serve the officer or employee under Rule 4(e), (f), or (g)." If withi n those 90 days, Plaintiff has not either served Defendants or requested an extension of time to do so, the Court may dismiss the claims against Defendants under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute. The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with aninformation package. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/03/2020) (ama) Transmission to Pro Se Assistants for processing.
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Filing
3
ORDER TO AMEND: The Court directs the Clerk of Court to mail a copy of this order to Plaintiff and note service on the docket. The Court grants Plaintiff leave to file an amended complaint that complies with the standards set forth above. Plaintiff m ust submit the amended complaint to this Court's Pro SeIntake Unit within 60 days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 20-CV-7375 (VEC). An Amended Civil R ights 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 Court will dismiss Plaintiff's claims under Biven s for failure to state a claim on which relief may be granted, see 28 U.S.C. § 1915A(b)(1), and his claims under the FTCA for lack of subject matter jurisdiction, see Fed. Civ. P. 12(h)(3). The Court certifies under 28 U.S.C. § 1915(a)(3) t hat 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 appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/13/2020) (ama) Transmission to Docket Assistant Clerk for processing.
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