Richardson v. City of New York et al
| Dewayne Richardson |
| Carter, City of New York, New York City Department of Correction, Perry, Harvey, Law, Gozman, N.Y.C. Health + Hospitals and Sanchez |
| 1:2021cv05080 |
| June 8, 2021 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Katharine H Parker |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 7, 2023. A more recent docket listing may be available from PACER.
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Filing 11
ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: This action is scheduled for an initial case management conference, via telephone, in accordance with Fed. R. Civ. P. 16 on Monday, October 12, 2021 at 12:00 p.m. It is hereby ORDERED that the Warden or other official in charge of the Anna M. Kross Center Correctional Facility produce plaintiff Dewayne Richardson., NYSID #07324739Y/B&C# 3491901861, on October 12, 2021, no later than 12:00 p.m., to a suitable location within the Anna M. Kross Correctional Facility that is equipped with a telephone, for the purpose of participating by telephone in a conference with the Court and defendants' counsel. If the scheduled time and date presents a hardship, the Warden or the Warden's designee should promptly inform chambers by calling (212) 805-0234. Defendants' counsel must: (1) send this Order to the Warden immediately; (2) contact the Anna M. Kross Correctional Facility to arrange the call and determine the telephone number at which the plaintiff will be reachable at the above time and date; (3) complete the Proposed Case Management Plan For Pro Se Plaintiffs and e-mail it to Parker_NYSDChambers@nysd.uscourts.gov, and (4) telephone Judge Parker's teleconference line at (866) 434-5269, Access code: 4858267, with the plaintiff on the line, at the time and date of the conference. The Clerk of Court is requested to mail a copy of this order to the plaintiff. The Clerk of Court is also directed mail a copy of this order, and the complaint to the New York City Law Department at 100 Church Street New York, NY 10007. Initial Conference set for 10/12/2021 at 12:00 PM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 7/19/2021) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing 10
INFORMATION PACKAGE MAILED to Dewayne Richardson NYSID: 07324739Y B&C: 3491901861 Anna M. Kross Correctional Facility 18-18 Hazen Street East Elmhurst, NY 11370, at, on 7/19/2021 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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Filing 9
SUMMONS ISSUED as to N.Y.C. Health + Hospitals. (aan)
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 7/19/2021 Re: Judge Paul A. Engelmayer #7 Order of Service. The following document(s) were enclosed in the Service Package: Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) N.Y.C. Health + Hospitals. (aan)
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Mailed a copy of #11 Order for Initial Pretrial Conference, #2 Complaint to the New York City Law Department at 100 Church Street New York, NY 10007. (dsh)
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Mailed a copy of #11 Order for Initial Pretrial Conference, to Dewayne Richardson, NYSID: 07324739Y, B&C: 3491901861 at Anna M. Kross Correctional Facility, 18-18 Hazen Street, East Elmhurst, NY 11370. (dsh)
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Filing 8
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 Katharine H. Parker. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/16/2021) (ama)
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Filing 7
ORDER OF SERVICE: The Court directs the Clerk of Court to mail a copy of this order to Richardson, together with an information package. The Court dismisses Richardson's claims against the New York City Department of Correction. See 28 U.S.C. 1915(e)(2)(B)(ii). The Court denies Richardson's application for the Court to request pro bona counsel without prejudice to Richardson's filing another such application at a later date. The Clerk of Court is respectfully directed to terminate the motion pending at docket 4. The Court also directs the Clerk of Court to: (1) issue a summons for NYC Health+ Hospitals, (2) complete a USM-285 form with the service address for NYC Health+ Hospitals, and (3) deliver all documents necessary to effect service of the summons and the complaint on NYC Health+ Hospitals to the U.S. Marshals Service. The Court further 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: (1) the City of New York, (2) GRVC Deputy Warden Carter, (3) GRVC Correction Captain Law, (4) GRVC Correction Officer Gozman, (5) VCBC Correction Officer Sanchez (Shield No. 13640), (6) GRVC Correction Captain Perry (Shield No. 480), and (7) VCBC Deputy Warden Harvey waive service of summons. The Court additionally directs H+H and the other remaining defendants to comply with Local Civil Rule 33.2 within 120 days of the date of this order. 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). SO ORDERED.( USM-285 Form due by 8/16/2021., Request for Issuance of Summons due by 8/16/2021.), New York City Department of Correction terminated., Motions terminated: #4 APPLICATION for the Court to Request Counsel. filed by Dewayne Richardson. (Signed by Judge Paul A. Engelmayer on 7/16/2021) (ama) Transmission to Pro Se Assistants for processing.
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Magistrate Judge Katharine H. Parker 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)
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NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case..(wb)
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Filing 5
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: Plaintiff's application for leave to proceed without prepayment of fees is granted. A prisoner bringing a civil action is required to pay the full $350 filing fee even when proceeding in forma pauperis (IFP), that is, without prepayment of fees.... The Court must collect, when funds exist in a prisoner's account, an initial partial filing fee plus monthly payments. 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 7/12/2021) (sac) Transmission to Docket Assistant Clerk for processing.
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Case Designated Local Rule 33.2. (jjg)
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Filing 4
APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Dewayne Richardson. (sac)
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Filing 3
PRISONER AUTHORIZATION. Document filed by Dewayne Richardson. (sac)
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Filing 2
COMPLAINT against Carter, City of New York, Gozman, Harvey, Law, N.Y.C. Health + Hospitals, New York City Department of Correction, Perry, Sanchez. Document filed by Dewayne Richardson. (sac)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Dewayne Richardson. (sac)
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Case Designated ECF. (sac)
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