Prendergast v. Department of Corrections et al
| Hopeton Prendergast |
| Department of Corrections, Marget Egan, Cynthia Brann and Patsy Yang |
| 1:2020cv09418 |
| November 9, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Stewart D Aaron |
| Colleen McMahon |
| Analisa Torres |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 26, 2023. A more recent docket listing may be available from PACER.
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| Mailed a copy of #12 Order to Hopeton Prendergast, NYSID: 06403378L, B&C No. 4411905343 at Vernon C. Bain Center, 1 Halleck St., Bronx, NY 10474. (kh) |
Filing 12
ORDER TO AMEND: The Clerk of Court is directed to mail a copy of this order to the plaintiff and note service on the docket. Plaintiff is granted leave to file a second amended complaint that complies with the standards set forth above. Plaintiff must submit the second amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "Second Amended Complaint," and label the document with docket number 20-CV-9418 (AT) (SDA). A Second 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 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. SO ORDERED. (Signed by Judge Analisa Torres on 1/6/2021) (kv) Transmission to Docket Assistant Clerk for processing. Modified on 1/6/2021 (kv).
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Filing 11
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 Stewart D. Aaron. (Signed by Judge Analisa Torres on 1/6/2021) (kv)
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| Magistrate Judge Stewart D. Aaron is so redesignated. (laq) |
| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Colleen McMahon is no longer assigned to the case..(wb) |
| Magistrate Judge Ona T. Wang 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. (wb) |
| Filing 9 PRISONER AUTHORIZATION. Document filed by Hopeton Prendergast.(sc) |
| Filing 8 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Hopeton Prendergast.(sc) |
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Filing 6
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 12/4/2020) (vn) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #6 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Vernon C. Bain Center, 1 Halleck St., Bronx, NY 10474. (dsh) |
| Filing 5 PRISONER AUTHORIZATION. Document filed by Hopeton Prendergast.(sc) (Additional attachment(s) added on 12/4/2020: #1 Exhibit) (sc). |
| Filing 4 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Hopeton Prendergast.(sc) |
| Filing 7 AMENDED COMPLAINT amending #2 Complaint against Cynthia Brann, Department of Corrections, Marget Egan, Patsy Yang with JURY DEMAND.Document filed by Hopeton Prendergast. Related document: #2 Complaint..(rdz) |
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Filing 3
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 12/18/2020. In Forma Pauperis (IFP) Application due by 12/18/2020. Prisoner Authorization Form due by 12/18/2020. (Signed by Judge Colleen McMahon on 11/18/2020) (Attachments: #1 Supplement IFP application, #2 Supplement Prisoner authorization) (scn) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #3 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to Hopeton Prendergast, NYSID: 06403378L, B&C No. 4411905343 at Vernon C. Bain Center, 1 Halleck St., Bronx, NY 10474. (Attachments: # 1 Supplement IFP application, # 2 Supplement Prisoner authorization) (dsh) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(bcu) |
| Filing 2 COMPLAINT against Cynthia Brann, Department of Corrections, Marget Egan, Patsy Yang. Document filed by Hopeton Prendergast. (rdz) Modified on 11/18/2020 (sac). |
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Filing 1
ORDER: The Court severs the claims of all Plaintiffs under Federal Rule of Civil Procedure 21. Michael J. Lee will proceed as the sole plaintiff in this action. The Clerk of Court is directed to open separate civil actions with new docket numbers for the following plaintiffs: Sonny Squire #4102000039; Jonathan Martinez #3492001577; Curtis Clark #1412002253; Christopher DeJesus #1412002246; Dewayne Boone #4412001752; Frank Pagan #3492001603; Jonathan Stevens #1412002119; Paul Reed #1412001725; Josiah Pringle #1412001750; Carlos Bradley #3102000187; Hopeton Prendergast #4411905343; Willie Smith #8951900921; Raymond Salgado #1412001188; Timothy Ward #2412001588; Andre Fonseca #1412002023; Walter Ware #4411803480; Shamar Calloway #4412001754; Keemal Cross #1411710237; Deryck Brown #2411800501; Hakiem Barrow # 8252000054; Devorn Parker #9002000003; Theodore Tucker #3492001370; James Jackson #1411904748; Ricardo Gilcabrera #141200522; Emmanuel Rosario #3492001164; Manuel Velasquez #3482001339; Willet Davidson #3491905326; Darius Batts #3491904664; James Clark #1411709283; Cyril Sheppard #3492002011; Michael Miata #4412000457; Andre Boyd #4411901712; Carl Henley #2411800815; Johnny Blanding #3491907402; Justin Manail #441807062; Noel Fernandez #4411904753; Luis Molina #3001900157; Lester Pearson #3002000233; Gill Graves #3002000211; Timothy Linares #5412000200; Frank Crawley #2412001232; Matthew Karelefsky #1411903366; Rampersaud Persaud #4411904165; Christopher Johnson #3492002320; Morris Tate #2412001025; Eon Struthers #5102000007; Jonathan Weaver #1412001833; Edward Branch #3002000027; and Orlando Plummer #4412001257. A copy of the Complaint (ECF No. 2) 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 the plaintiffs at the following address: Vernon C. Bain Center, 1 Halleck Street, Bronx, New York, 10474, and note service on the docket. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 11/9/20) (rdz) Transmission to Docket Assistant Clerk for processing.
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| Case Designated ECF. (rdz) |
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