Walters v. The City of New York
| Sheron Walters |
| The City of New York |
| 1:2021cv02880 |
| April 5, 2021 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 16 NOTICE OF APPEARANCE by Min Kyung Michelle Cho on behalf of The City of New York..(Cho, Min Kyung) |
Filing 15
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Fact Discovery due by 12/28/2021. Deposition due by 11/28/2021. Expert Discovery due by 2/28/2022. Motions due by 3/28/2022. Status Conference set for 3/17/2022 at 04:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 8/1/2021) (rro)
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| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 7/27/2021. (Court Reporter present) (wv) |
| Filing 14 CERTIFICATE OF SERVICE of Defendant's Answer served on Plaintiff pro se on July 26, 2021. Service was made by Mail. Document filed by The City of New York..(Rauchberg, Andrew) |
| Filing 13 ANSWER to #2 Complaint. Document filed by The City of New York. (Attachments: #1 Exhibit Copy of marked Complaint).(Rauchberg, Andrew) |
| Filing 12 PRO SE MEMORANDUM, dated 7/10/21 re: CHANGE OF ADDRESS for Sheron Walters. New Address: ID#349-21-00353, R.N.D.C., 11-11 Hazen Street, E. Elmhurst, New York, 11370. (sc) |
| Pro Se Payment of Fee Processed: $72.61 Check processed by the Finance Department on 6/14/2021, Receipt Number 465401281436. (smc) |
| Filing 11 NOTICE OF APPEARANCE by Andrew James Rauchberg on behalf of The City of New York..(Rauchberg, Andrew) |
| Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. The City of New York waiver sent on 5/26/2021, answer due 7/26/2021. Document filed by The City of New York..(Rauchberg, Andrew) |
| Mailed a copy of #8 Order for Initial Pretrial Conference to Sheron Walters, 349-21-00353 at 09-09 Hazen St., East Elmhurst, NY 11370 by Certified Mail # 7019 1120 0000 8895 1949 with Return Receipt Requested. (kh) |
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Filing 9
INFORMATION PACKAGE MAILED to Sheron Walters 349-21-00353 09-09 Hazen St. East Elmhurst, NY 11370, at, on 4/29/2021 Re: #7 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, order granting IFP application, 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)
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| Transmission to Docket Assistant Clerk. Transmitted re: #8 Order for Initial Pretrial Conference,,,,,, to the Docket Assistant Clerk for case processing..(js) |
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Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that all parties appear via telephone for an initial pretrial conference with the Court on July 27, 2021 at 2:00 p.m. Any party who has retained counsel prior to the conference need not personally participate and should instead have their attorney participate on their behalf. The attorney who will serve as principal trial counsel must participate in all pretrial conferences. By the date of the initial pretrial conference, counsel for any represented party is required to register as a filing user in accordance with the Procedures for Electronic Case Filing. IT IS ORDERED that the Warden or other official in charge of the George R. Vierno Center on Rikers Island produce Sheron Walters, 349-21-00353, on July 27, 2021, no later than 2:00 p.m., to a suitable location within the George R. Vierno Center that is equipped with a telephone, for the purpose of participating by telephone in a conference with the Court and defense counsel. If this time and date presents an inconvenience, the Warden or the Warden's designee should promptly inform Chambers by calling the Courtroom Deputy at (212) 805-0296.The Clerk of Court is directed to mail a copy of this order to Plaintiff by certified mail. So Ordered Initial Conference set for 7/27/2021 at 02:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 4/27/2021) (js) Modified on 4/29/2021 (js).
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Filing 7
ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk of Court is also directed to electronically notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that Defendant City of New York waive service of summons. The Court denies Plaintiff's application for the Court to request pro bono counsel (ECF 4) without prejudice to renewal at a later time. 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). 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). Waiver of Service due by 5/26/2021. (Signed by Judge Gregory H. Woods on 4/26/2021) (js) Transmission to Pro Se Assistants for processing.
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| Magistrate Judge Robert W. Lehrburger 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. (laq) |
| NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Unassigned is no longer assigned to the case. (laq) |
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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 Laura Taylor Swain on 4/23/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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| Filing 4 APPLICATION for the Court to Request Counsel. Document filed by Sheron Walters..(rdz) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Sheron Walters..(rdz) |
| Filing 2 COMPLAINT against The City of New York. Document filed by Sheron Walters..(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Sheron Walters..(rdz) |
| Case Designated ECF. (rdz) |
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| Defendant: The City of New York | |
| Represented By: | Andrew James Rauchberg |
| Represented By: | Min Kyung Michelle Cho |
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| Plaintiff: Sheron Walters | |
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