Massey v. Michele et al
Plaintiff: Tyrone H. Massey
Defendant: New York City Department of Corrections, Correction Officer Michele and City of New York
Case Number: 1:2020cv07621
Filed: September 15, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Kevin Nathaniel Fox
Referring Judge: Analisa Torres
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 9, 2020 Filing 12 NOTICE OF APPEARANCE by Lillian P. Wesley on behalf of City of New York..(Wesley, Lillian)
November 3, 2020 Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by City of New York..(Wesley, Lillian)
October 28, 2020 Filing 10 WAIVER OF SERVICE RETURNED UNEXECUTED as to Michele. Document filed by Michele..(Richardson, Lisa)
October 9, 2020 Opinion or Order Filing 9 INFORMATION PACKAGE MAILED to Tyrone H. Massey ID#8952000522 Manhattan Detention Complex 125 White Street New York, NY 10013, at, on 10/9/2020 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. (aan)
October 8, 2020 Opinion or Order 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. The Court dismisses Plaintiff's claims against DOC because it lacks the capacity to be sued. 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 City of New York and Correction Officer Michele (# 110201) waive service of summons. 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 11/9/2020.), New York City Department of Corrections terminated. (Signed by Judge Analisa Torres on 10/8/2020) (kv) Transmission to Pro Se Assistants for processing.
October 8, 2020 Opinion or Order Filing 7 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). Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Analisa Torres on 10/8/2020) (kv)
October 5, 2020 Magistrate Judge Kevin Nathaniel Fox 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)
October 5, 2020 NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case..(bcu)
October 2, 2020 Opinion or Order 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 10/02/2020) (vn) Transmission to Docket Assistant Clerk for processing.
October 2, 2020 Mailed a copy of #5 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Manhattan Detention Complex at 125 White Street, New York, NY 10013 and to Tyrone H. Massey, B&C No. 8952000522 at Manhattan Detention Complex, 125 White Street, New York, NY 10013. (dsh)
September 29, 2020 Filing 4 PRO SE MEMORANDUM dated 9/23/20 re: CHANGE OF ADDRESS for Tyrone A. Massey. New Address: #895200522, 125 White Street, New York, New York, 10013. (sc) Modified on 9/29/2020 (sc).
September 15, 2020 Filing 3 PRISONER AUTHORIZATION. Document filed by Tyrone H. Massey.(rdz)
September 15, 2020 Filing 2 COMPLAINT against City of New York, Michele, New York City Department of Corrections. Document filed by Tyrone H. Massey.(rdz)
September 15, 2020 Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Tyrone H. Massey.(rdz)
September 15, 2020 Case Designated ECF. (rdz)

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Defendant: New York City Department of Corrections
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Defendant: Correction Officer Michele
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Defendant: City of New York
Represented By: Lillian P. Wesley
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Plaintiff: Tyrone H. Massey
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