Espinal v. Department of Corrections et al
| Mario Espinal |
| Department of Corrections, Marget Egan, Patsy Yang and Cynthania Brann |
| 1:2020cv10129 |
| December 1, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Valerie E Caproni |
| Ona T Wang |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 23, 2021. A more recent docket listing may be available from PACER.
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| Received returned mail re: #10 Order. Mail was addressed to Mario Espinal at NYSID: 11076507Z B&C No. 3492002562 Vernon C. Bain Center 1 Halleck St. Bronx, NY 10474 and was returned for the following reason(s): Not deliverable as addressed, Unable to forward. (aan) |
| Mailed a copy of #10 Order, Add and Terminate Parties to Mario Espinal, NYSID: 11076507Z, B&C No. 3492002562 at Vernon C. Bain Center, 1 Halleck St., Bronx, NY 10474. (kh) |
Filing 10
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 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-10129 (VEC) (OTW). 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. The Court dismisses the "Department of Corrections" from the action for failure to state a claim. See 28 U.S.C. 1915(e)(2)(B)(ii). SO ORDERED. Department of Corrections terminated. (Signed by Judge Valerie E. Caproni on 1/7/2021) (jca)
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Filing 8
ORDER REFERRING CASE TO 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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Ona T. Wang. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/7/2021) (jca)
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| Transmission to Docket Assistant Clerk. Transmitted re: #10 Order to the Docket Assistant Clerk for case processing..(jca) |
| Filing 7 AMENDED COMPLAINT amending #2 Complaint against Cynthania Brann, Department of Corrections, Marget Egan, Patsy Yang with JURY DEMAND. Document filed by Mario Espinal. Related document: #2 Complaint. (sac) |
| NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Colleen McMahon is no longer assigned to the case..(bcu) |
| 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. (bcu) |
| 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) |
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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 12/30/2020) (vn) Transmission to Docket Assistant Clerk for processing.
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| Filing 5 PRISONER AUTHORIZATION. Document filed by Mario Espinal.(sc) |
| Filing 4 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Mario Espinal.(sc) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(bcu) |
| Mailed a copy of #1 Order, #3 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to Mario Espinal, NYSID: 11076507Z, B&C No. 3492002562, Vernon C. Bain Center, 1 Halleck St., Bronx, NY 10474. (dsh) |
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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 1/4/2021. In Forma Pauperis (IFP) Application due by 1/4/2021. Prisoner Authorization Form due by 1/4/2021. (Signed by Judge Colleen McMahon on 12/3/20) (Attachments: #1 Supplement ifp, #2 Supplement prisoner authorization) (bl) Transmission to Docket Assistant Clerk for processing.
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| Filing 2 COMPLAINT against Cynthania Brann, Department of Corrections, Marget Egan, Patsy Yang. Document filed by Mario Espinal. (sac) |
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Filing 1
ORDER: Accordingly, the Clerk of Court is directed to open separate civil actions with new docket numbers for the following plaintiffs: Allen Nimmons #3492002662; James Evans #2412001523; Luis Charles #1412002870; Joe Brewton #3492002387; Mario Espinal #3492002562; George Macedon #3492002165; Flores Jose #3492002283; Jonathan Morales #1412002971; Cabral Victor #1412001723; Parris V. Colon #1412002813; Dayquan Johnson #1412002936; Pham Lam #8951901162; and Juan Ortiz #3492002305. A copy of the Amended Complaint (ECF No. 14) and this Order should be docketed in each new case. In addition, a copy of the Amended Complaint should be filed in each of the previously severed cases (see ECF No. 7) and the letters filed by Dayquan Johnson (ECF No. 15), James Evans (ECF No. 16) and Parris V. Colon (ECF No. 17) should be filed in their respective individual cases. The Clerk of Court is directed to mail a copy of this Order to Plaintiff and each of the 13 new plaintiffs listed herein 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 12/1/2020) (sac)
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| Case Designated ECF. (sac) |
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