Krull v. Oey et al
| Vladimir Krull |
| Acting Commissioner Anthony J. Annucci and Michele Harrington |
| 1:2021cv03395 |
| April 19, 2021 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on February 17, 2023. A more recent docket listing may be available from PACER.
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Filing 61
ORDER granting #60 Letter Motion for Extension of Time. OK. (Signed by Judge Colleen McMahon on 6/10/2021) (cf)
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Set/Reset Deadlines: Anthony J. Annucci answer due 7/23/2021; Michele Harrington answer due 7/23/2021. (cf)
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Filing 60
LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from Neil Shevlin dated June 9, 2021. Document filed by Anthony J. Annucci, Michele Harrington..(Shevlin, Neil)
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Filing 59
SUMMONS RETURNED EXECUTED Summons and Amended Complaint served. Michele Harrington served on 6/2/2021, answer due 6/23/2021. Service was accepted by Whitney Hartz, Program Aide. Document filed by Vladimir Krull..(Garibyan, Mark)
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Filing 58
ELECTRONIC SUMMONS ISSUED as to Michele Harrington..(sj)
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Filing 57
REQUEST FOR ISSUANCE OF SUMMONS as to Michele Harrington, re: #55 Amended Complaint. Document filed by Vladimir Krull..(Stein, Gary)
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Filing 56
LETTER addressed to Judge Colleen McMahon from Mark L. Garibyan dated May 28, 2021 re: Written Consent from Defendants to File a Second Amended Complaint. Document filed by Vladimir Krull..(Garibyan, Mark)
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Filing 55
SECOND AMENDED COMPLAINT amending #12 Amended Complaint against Anthony J. Annucci, Michele Harrington.Document filed by Vladimir Krull. Related document: #12 Amended Complaint..(Stein, Gary)
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Filing 54
NOTICE OF APPEARANCE by Gary Stein on behalf of Vladimir Krull..(Stein, Gary)
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Filing 53
ORDER granting #52 Letter Motion for Extension of Time. OK.. (Signed by Judge Colleen McMahon on 5/25/2021) (nb)
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Filing 52
LETTER MOTION for Extension of Time to Submit Case Management Plan addressed to Judge Colleen McMahon from Mark L. Garibyan dated May 24, 2021. Document filed by Vladimir Krull..(Garibyan, Mark)
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Filing 51
NOTICE OF APPEARANCE by Neil Shevlin on behalf of Anthony J. Annucci..(Shevlin, Neil)
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Filing 50
ORDER granting #49 Letter Motion for Extension of Time. OK. Amended Pleadings due by 5/28/2021.. (Signed by Judge Colleen McMahon on 4/28/2021) (nb)
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Filing 49
LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from Mark L. Garibyan dated April 26, 2021. Document filed by Vladimir Krull..(Garibyan, Mark)
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Filing 48
ORDER denying without prejudice #47 Letter Motion for Extension of Time. This application is denied without prejudice as this case has not been referred to me. Accordingly, such application should be directed to Judge McMahon. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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Filing 47
LETTER MOTION for Extension of Time addressed to Magistrate Judge James L. Cott from Mark L. Garibyan of Schulte Roth & Zabel LLP dated April 26, 2021. Document filed by Vladimir Krull..(Garibyan, Mark)
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Filing 46
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Telephone Conference set for 7/15/2021 at 11:00 AM before Judge Colleen McMahon. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 4/26/2021) (cf)
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Filing 45
CASE TRANSFERRED IN from the United States District Court - District of New York Northern; Case Number: 9:19-cv-00142. Original file certified copy of transfer order and docket entries received. (sjo)
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Case Designated ECF. (sjo)
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Magistrate Judge James L. Cott 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. (sjo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Magistrate Judge James L. Cott. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions. (sjo)
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NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
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Filing 44
ORDER: ORDERED that Plaintiff's motion to transfer venue, dkt. #42 , is hereby GRANTED. The Clerk of Court is hereby DIRECTED to TRANSFER the matter to the United States District Court for the Southern District of New York. Signed by Senior Judge Thomas J. McAvoy on 4/12/2021. (nas ) [Transferred from New York Northern on 4/19/2021.]
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Filing 43
RESPONSE to Motion re #42 Consent MOTION to Change Venue filed by Vladimir Krull. filed by Anthony J. Annucci. (Eversley, Lauren) [Transferred from New York Northern on 4/19/2021.]
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Filing 42
Consent MOTION to Change Venue filed by Vladimir Krull. Response to Motion due by 4/28/2021. Reply to Response to Motion due by 5/5/2021 (Attachments: #1 Exhibit(s) Consent Motion to Transfer Venue, #2 Proposed Order/Judgment) Motions referred to Daniel J. Stewart. (Garibyan, Mark) [Transferred from New York Northern on 4/19/2021.]
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Filing 41
NOTICE of Appearance by Christopher Thomas Dunn on behalf of Vladimir Krull (Dunn, Christopher) [Transferred from New York Northern on 4/19/2021.]
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Filing 40
TEXT ORDER granting #39 Letter Request. The Deadline to exchange mandatory disclosures and the deadline for amended pleadings are reset to 4/29/2021. Authorized by Magistrate Judge Daniel J. Stewart on 3/25/2021. (nas) [Transferred from New York Northern on 4/19/2021.]
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Filing 39
Letter Motion from Mark L. Garibyan for Vladimir Krull requesting Extension of Time to Serve Initial Disclosures and to file an application to Amend Pleadings submitted to Judge Daniel J. Stewart . (Garibyan, Mark) [Transferred from New York Northern on 4/19/2021.]
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Filing 38
NOTICE of Appearance by Daniel Ross Lambright on behalf of Vladimir Krull (Lambright, Daniel) [Transferred from New York Northern on 4/19/2021.]
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Filing 37
NOTICE of Appearance by Mark Garibyan on behalf of Vladimir Krull (Garibyan, Mark) [Transferred from New York Northern on 4/19/2021.]
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Filing 36
TEXT ORDER granting #35 Letter Request. The deadline to exchange mandatory disclosures between the parties is extended to March 28, 2021. Authorized by Magistrate Judge Daniel J. Stewart on 1/28/2021. {text order served via regular mail on plaintiff}(nas, ) [Transferred from New York Northern on 4/19/2021.]
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Filing 35
Letter Motion from Vladimir Krull requesting an extension of time to serve mandatory disclosures. (nas, ) [Transferred from New York Northern on 4/19/2021.]
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Filing 34
STATUS REPORT regarding Notice of Defendant's Compliance with Mandatory Pretrial Discovery by Anthony J. Annucci. (Eversley, Lauren) [Transferred from New York Northern on 4/19/2021.]
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Filing 33
MANDATORY PRETRIAL DISCOVERY AND SCHEDULING ORDER: Amended Pleadings due by 3/30/2021. Discovery due by 6/1/2021. Joinder of Parties due by 3/30/2021. Dispositive Motions to be filed by 8/2/2021. Signed by Magistrate Judge Daniel J. Stewart on 11/30/2020. {order served via regular mail on plaintiff}(nas ) [Transferred from New York Northern on 4/19/2021.]
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Filing 32
ANSWER to #12 Amended Complaint by Anthony J. Annucci. (Attachments: #1 Declaration of Service)(Eversley, Lauren) [Transferred from New York Northern on 4/19/2021.]
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Filing 31
ORDER: ORDERED, that the undersigned disqualifies himself from assignment to this case in accordance with General Order 12(G)(8) and 28 U.S.C. 455 (a), (b). ORDERED, that in accordance with General Order 12(G)(8), the Clerk of the Court shall reassign this case at random. Signed by Magistrate Judge Christian F. Hummel on 11/9/2020. {order served via regular mail on plaintiff; case randomly assigned to Magistrate Stewart}(nas ) [Transferred from New York Northern on 4/19/2021.]
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Filing 30
TEXT ORDER granting #29 Letter Request, Anthony J. Annucci response to the amended complaint is due by 11/30/2020. Authorized by Magistrate Judge Christian F. Hummel on 10/26/2020. {text order served via regular mail on plaintiff}(nas ) [Transferred from New York Northern on 4/19/2021.]
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Filing 29
Letter Motion from Lauren R. Eversley for Anthony J. Annucci requesting Extension of answer deadline submitted to Judge Hummel . (Eversley, Lauren) [Transferred from New York Northern on 4/19/2021.]
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Filing 28
BILL OF COSTS submitted by US Marshal re: Service Fees in the amount of $8.00. (nas, ) [Transferred from New York Northern on 4/19/2021.]
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Filing 27
NOTICE of Appearance by Lauren Rose Eversley on behalf of Anthony J. Annucci (Eversley, Lauren) [Transferred from New York Northern on 4/19/2021.]
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Filing 26
ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Anthony J. Annucci served on 8/31/2020, answer due 10/30/2020. Acknowledgment filed by Anthony J. Annucci. (Eversley, Lauren) [Transferred from New York Northern on 4/19/2021.]
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Filing 25
Summons Issued as to Anthony J. Annucci. {copy of order, summons and amended complaint served on the office of the Attorney General}(nas, ) [Transferred from New York Northern on 4/19/2021.]
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Filing 24
DECISION AND ORDER: ORDERED that the Amended Complaint (Dkt. No. 12) is the operative pleading herein. ORDERED that Oey and Banker are DISMISSED as defendants herein. ORDERED that the Clerk shall issue a summons and forward it, along with copies of the Amended Complaint, to the United States Marshal for service upon the remaining defendant. The Clerk shall forward a copy of the summons and Amended Complaint to the Office of the Attorney General, together with a copy of this Decision and Order. Signed by Senior Judge Thomas J. McAvoy on 8/11/2020. {order served via regular mail on plaintiff}(nas ) [Transferred from New York Northern on 4/19/2021.]
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Filing 23
MANDATE of USCA issued 6/10/2020 as to #18 Notice of Appeal filed by Vladimir Krull: UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the June 25, 2019 judgment of the District Court be and hereby is VACATED insofar as it dismisses the claim under the Self-Incrimination Clause of the Fifth Amendment with respect to the increased risk-level assessment, the cause REMANDED to the District Court for further proceedings consistent with this order, and the appeal of the remaining claims DISMISSED as moot. (nas) [Transferred from New York Northern on 4/19/2021.]
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Filing 22
NOTICE of Change of Address by Vladimir Krull Effective Date 5/27/2020 New Address: 941 Mclean Ave, Apt 169, Yonkers NY 10704 (nas, ) [Transferred from New York Northern on 4/19/2021.]
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Filing 21
ORDER of USCA issued 5/20/2020 as to #18 Notice of Appeal filed by Vladimir Krull: Ordered that...the June 25, 2019 judgment of the District Court be and hereby is VACATED insofar as it dismisses the claim under the Self-Incrimination Clause of the Fifth Amendment with respect to the increased risk-level assessment, the cause REMANDED to the District Court for further proceedings consistent with this order, and the appeal of the remaining claims DISMISSED as moot. (nas, ) [Transferred from New York Northern on 4/19/2021.]
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Filing fee: $ 350.00, receipt number SYR055845 (nas, ) [Transferred from New York Northern on 4/19/2021.]
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Copy of Local Rules and Pro Se Manual served on plaintiff. (nas, ) [Transferred from New York Northern on 4/19/2021.]
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Filing 20
Letter dated 8/9/2019 with questions regarding his appeal and service filed by Vladimir Krull. (Mailing envelope included) (meb) [Transferred from New York Northern on 4/19/2021.]
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USCA Appeal Fees received $ 505 receipt number SYR055563 re #18 Notice of Appeal filed by Vladimir Krull (nas, ) [Transferred from New York Northern on 4/19/2021.]
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USCA Case Number 19-2138 for #18 Notice of Appeal filed by Vladimir Krull. (nas, ) [Transferred from New York Northern on 4/19/2021.]
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Filing 19
ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #18 Notice of Appeal (nas, ) [Transferred from New York Northern on 4/19/2021.]
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Filing 18
NOTICE OF APPEAL as to #17 Judgment by Vladimir Krull. (Attachments: #1 cover letter; envelope)(nas, ) [Transferred from New York Northern on 4/19/2021.]
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Filing 17
JUDGMENT entered dismissing the action in accordance with the dated June 24, 2019 and filed June 25, 2019 Decision and Order of Judge McAvoy.{judgment served via regular mail on plaintiff} (nas) [Transferred from New York Northern on 4/19/2021.]
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Filing 16
DECISION AND ORDER: ORDERED, that the Amended Complaint (Dkt. No. 12), and all exhibits annexed (Dkt.Nos. 1-1, 12-1, and 13-1) thereto is accepted for filing and is deemed the operative pleading. ORDERED that the Clerk of the Court shall amend the docket to include Banker as a defendant herein and to terminate MacTavish and McKoy as defendants. ORDERED that Plaintiff's claims are DISMISSED pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) for failure to state a claim upon which relief may be granted. ORDERED that Plaintiff's motion for preliminary injunctive relief (Dkt. No. #13 ) is DENIED. ORDERED that the Clerk is directed to close this case. Signed by Senior Judge Thomas J. McAvoy on 6/24/19. {order served via regular mail on plaintiff}(nas ) [Transferred from New York Northern on 4/19/2021.]
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Filing 15
"Second Notice of Supplemental Authority" submitted by Krull. (Attachments: #1 envelope) (nas, ) [Transferred from New York Northern on 4/19/2021.]
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Filing 14
Letter from Krull dated 5/30/19. (nas ) [Transferred from New York Northern on 4/19/2021.]
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Filing 13
MOTION for Preliminary Injunction/Temporary Restraining Order filed by Vladimir Krull. (Attachments: #1 Memorandum of Law) (nas, ) [Transferred from New York Northern on 4/19/2021.]
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Filing 12
AMENDED COMPLAINT filed by Vladimir Krull. (Attachments: #1 Exhibit(s), #2 Memorandum of Law, #3 cover letter, #4 envelope)(nas, ) [Transferred from New York Northern on 4/19/2021.]
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Filing 11
TEXT ORDER RE #10 : Plaintiff is granted an extension of time to submit an amended complaint in compliance with the 3/14/19 Decision and Order until 5/14/19. Authorized by Senior Judge Thomas J. McAvoy on 4/10/19. {text order served via regular mail on plaintiff}(nas ) [Transferred from New York Northern on 4/19/2021.]
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Filing 10
Letter Motion from Vladimir Krull requesting an extension of time to file an amended complaint. (nas, ) [Transferred from New York Northern on 4/19/2021.]
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Filing 9
DECISION AND ORDER: ORDERED that #2 Motion for Leave to Proceed in forma pauperis is granted. ORDERED that if Plaintiff wishes to proceed with this action, he must file an Amended Complaint as set forth above within thirty (30) days from the date of the filing of this Decision and Order. ORDERED that, if Plaintiff timely files an Amended Complaint, this matter be returned to the Court for further review. ORDERED that if Plaintiff fails to timely file an Amended Complaint as directed, the Clerk shall enter judgment indicating that the remainder of this action is DISMISSED without prejudice without further order of this Court pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b)(1) for failure to state a claim upon which relief may be granted and for failure to comply with this Decision and Order. In that event, the Clerk is directed to close this case. ORDERED that Plaintiff's motion for the appointment of counsel (Dkt. No. #4 ) is DENIED with leave to renew. ORDERED that Plaintiff's motion for a preliminary injunction (Dkt. No. #5 ) is DENIED. ORDERED that the Clerk serve a copy of this Decision and Order on Plaintiff, together with a copy of the original Complaint. Signed by Senior Judge Thomas J. McAvoy on 3/14/19.{order and copy of complaint served via regular mail on plaintiff} (nas, ) [Transferred from New York Northern on 4/19/2021.]
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Notification to Superintendent of Filing - Provided Superintendent at Clinton Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) [Transferred from New York Northern on 4/19/2021.]
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Filing 8
Letter from Krull regarding his motion for preliminary injunction. (nas, ) [Transferred from New York Northern on 4/19/2021.]
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Filing 7
Letter from Krull. (nas, ) [Transferred from New York Northern on 4/19/2021.]
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Filing 6
NOTICE OF SUPPLEMENTAL AUTHORITY in support of #1 Complaint by Vladimir Krull. (Attachments: #1 envelope)(nas, ) [Transferred from New York Northern on 4/19/2021.]
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Filing 5
MOTION for Preliminary Injunction filed by Vladimir Krull. (Attachments: #1 Order to Show Cause form, #2 Affidavit, #3 Memorandum of Law) (rar, ) [Transferred from New York Northern on 4/19/2021.]
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Filing 4
MOTION to Appoint Counsel filed by Vladimir Krull. (rar, ) [Transferred from New York Northern on 4/19/2021.]
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Filing 3
INMATE AUTHORIZATION FORM by Vladimir Krull. (rar, ) [Transferred from New York Northern on 4/19/2021.]
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Vladimir Krull. (rar, ) [Transferred from New York Northern on 4/19/2021.]
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Filing 1
COMPLAINT against Anthony J. Annucci, Megan MacTavish, Jeffrey McKoy, Rebecca Oey filed by Vladimir Krull. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet, #3 cover letter, #4 envelope) (rar, ) [Transferred from New York Northern on 4/19/2021.]
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