Truell v. City of New York et al
| James Truell |
| Legal Cordinator Alou, ADW E. Rivera, Captain Hernandez and City of New York |
| 1:2020cv08646 |
| October 15, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Louis L Stanton |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 5
ORDER: By order dated October 15, 2020, the Court severed Plaintiff's claims from another civil action, and directed the Clerk of Court to open a new civil action for Plaintiff's claims. Terry v. Dep't of Corr., ECF 1:20-CV-8373, 6. Because Plaintiff, who proceeds pro se, previously asserted that others have filed complaints in his name without his knowledge or consent, the Court also directed that once the Clerk of Court opened the new civil action, the Court would order Plaintiff to file a declaration in which Plaintiff established his intent to proceed in the new civil action as the plaintiff. Id. This action was opened in response to the Court's October 15, 2020 order. Accordingly, if Plaintiff wishes to proceed with this action as the plaintiff, he must complete and sign the attached declaration form, and submit it to this Court within 30 days of the date of this order. If Plaintiff fails to comply with this order within the time allowed, the Court will dismiss this action without prejudice. The Court directs the Clerk of Court to mail a copy of this order to Plaintiff and note service on the docket. (Signed by Judge Louis L. Stanton on 11/17/2020) (Attachments: #1 Declaration form) (nb) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #5 Order 30 Days Other (case opening) to James Truell, NYSID: 09837674J, B&C No. 8952000321 at Vernon C. Bain Center, 1 Halleck St., Bronx, NY 10474. (kh) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Colleen McMahon is no longer assigned to the case..(bcu) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(bcu) |
| Mailed a copy of #4 Order to James Truell, 141-190-3394 at Manhattan Detention Complex, 125 White Street, New York, NY 10013; and to Christopher Terry, 141-190-2613 at Manhattan Detention Complex, 125 White Street, New York, NY 10013. (kh) |
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Filing 4
ORDER: The Court severs the claims of Terry and Truell under Fed. R. Civ. P. 21. Christopher Terry will proceed as the sole plaintiff in this action. Terry is directed to sign and return the attached declaration form under this docket number (20-CV-8373). The Clerk of Court is directed to open a separate civil action with a new docket number for James Truell. A copy of the complaint, Truell's IFP application and prisoner authorization (ECF Nos. 2, 3, and 5) and this order shall be docketed in the new case. Once the new case is opened, the Court will direct Truell to submit a declaration form establishing his intent to proceed as a plaintiff. The Clerk of Court is directed to ma (Signed by Judge Louis L. Stanton on 10/15/20) (rdz) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 PRISONER AUTHORIZATION. Document filed by James Truell..(rdz) |
| Filing 2 COMPLAINT against Alou, City of New York, Hernandez, E. Rivera. Document filed by James Truell.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by James Truell..(rdz) Modified on 10/16/2020 (rdz). |
| Case Designated ECF. (rdz) |
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