Winters v. City of New York et al
| Jason Winters |
| C/O Moore, City of New York Dept. of Corrections and CITY OF NEW YORK |
| 1:2021cv02440 |
| March 19, 2021 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 21, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Mailed a copy of #8 Order for Initial Pretrial Conference, to Jason Winters, NYSID: 01922389N, B&C No. 3101900023 at Otis Bantum Correctional Facility, 16-00 Hazen Street, East Elmhurst, NY 11370. (dsh) |
Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE IN PRO SE ACTION: It is hereby ORDERED that all parties appear via telephone for an initial pretrial conference with the Court on June 22, 2021, at 11:00 a.m. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Court with pro se plaintiff on the line at the time and date of the conference. The dial-in information is as follows: At 11:00 a.m. the parties shall call (888) 363-4749 and enter access code 5123533. Please note that the conference line will not be available until 11:00 a.m. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED. Initial Conference set for 6/22/2021 at 11:00 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 5/10/2021) (rro) Transmission to Docket Assistant Clerk for processing.
|
| Filing 7 NOTICE OF APPEARANCE by Christopher Dominick DeLuca on behalf of CITY OF NEW YORK..(DeLuca, Christopher) |
| Mailed a copy of #6 Order of Service, Add and Terminate Parties to Jason Winters, NYSID: 01922389N, B&C No. 3101900023 at Otis Bantum Correctional Facility, 16-00 Hazen Street, East Elmhurst, NY 11370. (kh) |
|
Filing 6
ORDER OF SERVICE: Plaintiff Jason Winters, who appears pro se, asserts claims against "City of New York Dept. of Correction(s)" ("DOC") and Correction Officer Moore. DOC, as an agency of the City of New York, is not an entity that can be sued. See N.Y. City Charter ch. 17, 396 ("[A]ll actions and proceedings for the recovery of penalties for the violation of any law shall be brought in the name of the city of New York and not in that of any agency, except where otherwise provided by law."); Emerson v. City of New York, 740 F. Supp. 2d 385, 395 (S.D.N.Y. 2010) ("[A] plaintiff is generally prohibited from suing a municipal agency."). The Court therefore dismisses Plaintiffs claims against DOC. In light of Plaintiffs pro se status and clear intention to assert claims against the City of New York, the Court construes Plaintiffs complaint as asserting claims against the City of New York, and directs the Clerk of Court to amend the caption of this action to replace DOC with the City of New York. See Fed. R. Civ. P. 21. This amendment is without prejudice to any defenses the City of New York may wish to assert. The Court directs the Clerk of Court to notify the New York City Department of Correction and the New York City Law Department of this order.The Court requests that the City of New York and Correction Officer Moore(Badge No. 17409) waive service of summons.Local Civil Rule 33.2, which requires defendants in certain types of prisoner cases to respond to specific, court-ordered discovery requests, applies to this action. Those discovery requests are available on the court's website under "Forms" and are titled "Plaintiffs Local Civil Rule 33.2 Interrogatories and Requests for Production of Documents." Within 120 days of the date of this order, the City of New York and Moore must serve responses to those standard discovery requests. In their responses, the City of New York and Moore must quote each request verbatim. The Clerk of Court is directed to mail a copy of this Order to Plaintiff at his address of record. (Waiver of Service due by 5/21/2021.), CITY OF NEW YORK added. City of New York Dept. of Corrections terminated. (Signed by Judge Katherine Polk Failla on 4/21/2021) (nb) Transmission to Pro Se Assistants for processing. Modified on 4/22/2021 (nb).
|
| Transmission to Docket Assistant Clerk. Transmitted re: #6 Order of Service to the Docket Assistant Clerk for case processing. (nb) |
|
Filing 4
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 statements 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 he 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 his address changes, and the Court may dismiss the action if he fails to do so. (Signed by Judge Laura Taylor Swain on 4/21/2021) (vn) Transmission to Docket Assistant Clerk for processing.
|
| NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned 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) |
| Case Designated Local Rule 33.2. (jjg) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Jason Winters..(rdz) |
| Filing 2 COMPLAINT against City of New York Dept. of Corrections, Moore. Document filed by Jason Winters..(rdz) Modified on 3/22/2021 (rdz). |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jason Winters..(rdz) |
| Case Designated ECF. (rdz) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
