Atadzhanov v. The New York City Department of Correction et al
| Mirzo Atadzhanov |
| The City of New York, John Doe, The New York City Department of Correction, C.O. Dixon O'Neill, C.O. Desiree Ruiz, C.O. Robert Lee, C.O. Eliezer Paz, C.O. Marc Johnson, C.O. Ralph Celestin, C.O. Tyler Mason and C.O. Raymond Simmons |
| 1:2021cv05098 |
| June 7, 2021 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 2, 2023. A more recent docket listing may be available from PACER.
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Filing 73
JOINT LETTER addressed to Judge Lewis J. Liman from Kalana Kariyawasam dated February 23, 2023 re: Proposed Case Management Plan. Document filed by Mirzo Atadzhanov. (Attachments: #1 Exhibit - Proposed Case Management Plan and Scheduling Order).(Kariyawasam, Kalana)
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Filing 72
NOTICE OF LIMITED APPEARANCE OF PRO BONO COUNSEL for Mirzo Atadzhanov..(Kariyawasam, Kalana)
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Filing 71
NOTICE OF LIMITED APPEARANCE OF PRO BONO COUNSEL for Mirzo Atadzhanov..(Reckler, William)
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Filing 70
NOTICE OF LIMITED APPEARANCE OF PRO BONO COUNSEL for Mirzo Atadzhanov..(Hotz, Robert)
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Mailed a copy of Order filed on 12/13/2022, Terminate Deadlines and Hearings, Set Deadlines/Hearings, to Mirzo Atadzhanov DIN#22B0976 Attica C.F. P.O. Box 149 Attica, NY 14011-0149. (dsh)
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The Court has been informed by the Clerk of Court that they have located counsel for the purpose of representing Plaintiff. See Dkt No. 67. Counsel has not yet filed a notice of appearance. To afford sufficient time for counsel to become familiar with the case, the Court will adjourn the conference previously scheduled on January 10, 2023 to March 2, 2023 at 10:00 a.m. The parties should call into the Court's dedicated conference line at (888) 251-2909 and enter Access Code 2123101. ( Initial Conference set for 3/2/2023 at 10:00 AM before Judge Lewis J. Liman.) (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (rhk)
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Filing 69
LETTER addressed to Judge Lewis J. Liman from M. Atadzhanov, dated 10/17/22 re: Plaintiff notifies the Court that he will not try to obtain discovery materials from Defendants now, but instead will wait until any potential attorney will agree to represent Plaintiff in this case. Document filed by Mirzo Atadzhanov.(sc)
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Filing 68
LETTER addressed to Judge Lewis J. Liman from M. Atadzhanov, dated 10/17/22 re: Plaintiff is writing this letter in order to notify you that the plaintiff is trying to obtain discovery materials from Defendant's counsel in good faith. Document filed by Mirzo Atadzhanov.(sc) Modified on 10/24/2022 (sc).
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MAILING RECEIPT: Document No: 67. Mailed to: Mirzo Atadzhanov DIN#22B0976 P.O. Box 149 Attica, NY 14011-0149. (dsh)
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Filing 67
ORDER re: #66 Letter, filed by Mirzo Atadzhanov. For the following reasons, Plaintiffs motion is GRANTED in part. As further set forth by this Order. For the foregoing reasons, the Clerk of Court is respectfully directed to attempt to locate pro bono counsel to represent Plaintiff for the limited purposes of conducting discovery in this action. In addition, pro bono counsel may, should counsel be so advised, engage in settlement discussions. Counsel will file a Notice of Limited Appearance as Pro Bono Counsel. At this time, pro bono counsel will not be obligated for any aspect of plaintiff's representation beyond these purposes. In particular, pro bono counsel will not be required to respond to a dispositive motion. In the event that Defendants file a dispositive motion, pro bono counsel may seek appropriate relief, including an extension of Plaintiff's time to respond, or an expansion of pro bono counsel's role to include responding to the motion. Absent an expansion of the scope of pro bono counsel's representation, pro bono counsel's representation of Plaintiff will end upon completion of discovery. Upon the filing by pro bono counsel of a Notice of Completion, the representation by pro bono counsel of plaintiff in this matter will terminate, and pro bono counsel will have no further obligations or responsibilities to plaintiff or to the Court in this matter. An initial conference will be held telephonically on January 10, 2023 at 11:00 a.m. That extended date is set in order to afford the Clerk of Court enough time to locate counsel and for that counsel to consult with Plaintiff and to have sufficient time to consider the discovery it will need to conduct a Rule 16 conference with Defendant's counsel. The parties should call into the Court's dedicated conference line at (888) 251-2909 and enter Access Code 2123101. SO ORDERED. ( Initial Conference set for 1/10/2023 at 11:00 AM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 10/7/2022) (tg) Transmission to Office of Pro Se Litigation for processing.
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Filing 66
LETTER addressed to Judge Lewis J. Liman from M. Atadhanov, dated 9/20/22 re: Though the plaintiff is aware that the Court cannot force counsel to represent Pro Se litigants in as civil matter, Plaintiff is kindly asking you to appoint counsel for the plaintiff for further representation. Document filed by Mirzo Atadzhanov.(sc)
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Filing 65
ANSWER to #25 Amended Complaint,. Document filed by Ralph Celestin, Marc Johnson, Robert Lee, Tyler Mason, Dixon O'Neill, Eliezer Paz, Desiree Ruiz, Raymond Simmons, The City of New York. (Attachments: #1 Exhibit A - Copy of Marked Amended Complaint).(Cho, Min Kyung)
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MAILING RECEIPT: Document No: 64. Mailed to: Mirzo Atadzhanov DIN#22B0976 P.O. Box 149 Attica, NY 14011-0149. (kh)
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Filing 64
OPINION AND ORDER: re: #33 MOTION to Dismiss the Amended Complaint filed by Robert Lee, Ralph Celestin, Desiree Ruiz, Marc Johnson, The City of New York, Dixon O'Neill, Tyler Mason, Eliezer Paz, Raymond Simmons. For the reasons stated above, Defendants' motion to dismiss is GRANTED in part and DENIED in part. Plaintiff's claim of Monell liability against the City is dismissed without prejudice. The Clerk of Court is respectfully directed to close Dkt. No. 33. SO ORDERED. (Signed by Judge Lewis J. Liman on 9/19/2022) (ama)
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Filing 63
LETTER addressed to Judge Lewis J. Liman from M. Atadzhanov, dated 9/12/22 re: On 9/12/22, Plaintiff was finally called to the Law Library and obtained a proof of service for Plaintiff's "sur-reply copy," which plaintiff attaches to this letter. Plaintiff requests that you disregard the un-notarized "sur-reply"(previously mailed to court).Document filed by Mirzo Atadzhanov.(sc)
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Filing 62
SUR-REPLY IN FURTHER SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO DISMISS THE AMENDED COMPLAINT. Document filed by Mirzo Atadzhanov. (sc)
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Filing 61
LETTER addressed to Judge Lewis J. Liman from M. Atadzhanov, dated 9/2/22 re: Previously, I asked you to extend a deadline from 8/22/22 to 8/29/22 and from 8/29/22 to 9/5/22 in order to let Plaintiff obtain a "proof of service" from the Law Library. Despite the plaintiff's requested notary services two times, he was never called to the Law Library. For the reasons above, Plaintiff is kindly asking you to order the facility to let me use the Law Library. Document filed by Mirzo Atadzhanov.(sc)
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Filing 60
SUR-REPLY IN FURTHER SUPPORT OF PLAINTIFF'S OPPOSITIONAL PAPERS AGAINST DEFENDANTS' MOTION TO DISMISS THE AMENDED COMPLAINT. Document filed by Mirzo Atadzhanov. (sc)
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Filing 59
LETTER addressed to Judge Lewis J. Liman from M. Ablyazov dated 8/26/22 re: Plaintiff was not able to visit a law library at Attica Correctional Facility. Plaintiff kindly asks the Court to extend the deadline from 8/29/22 to 9/5/22 in order to let the plaintiff to obtain a "Proof of Service." Document filed by Mirzo Atadzhanov.(sc)
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MAILING RECEIPT: Document No: 58. Mailed to: Mirzo Atadzhanov DIN#22B0976 P.O. Box 149 Attica, NY 14011-0149. (dsh)
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Filing 58
MEMO ENDORSEMENT on re: #57 Letter, filed by Mirzo Atadzhanov. ENDORSEMENT: Plaintiff's request to extend the deadline to August 29, 2022 for obtaining proof of service is GRANTED. SO ORDERED. (Signed by Judge Lewis J. Liman on 8/31/2022) (kv)
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Filing 57
LETTER addressed to Judge Lewis J. Liman from M. Atadzhanov, dated 8/19/22 re: As of today(8/19/22), Plaintiff was not able to visit the Law Library in order to obtain a proof of service for his Sur-Reply. Plaintiff requests that the Court extend the deadline from 8/22/22 to 8/29/22 in order to allow the plaintiff to obtain a proof of service. Document filed by Mirzo Atadzhanov.(sc)
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MAILING RECEIPT: Document No: 56. Mailed to: Mirzo Atadzhanov DIN#22B0976 P.O. Box 149 Attica, NY 14011-0149. (kh)
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Filing 56
ORDER re: #55 Letter, filed by Mirzo Atadzhanov. In a letter dated August 3, 2022, filed on August 8, 2022, and entered on the docket on August 9, 2022, Plaintiff requests permission to file a sur-reply. Dkt. No. 55. The request is GRANTED. Plaintiff shall have until August 22, 2022 to file a sur-reply. SO ORDERED. ( Surreplies due by 8/22/2022.) (Signed by Judge Lewis J. Liman on 8/10/2022) (vfr)
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Filing 55
LETTER addressed to Judge Lewis J. Liman from M. Atadhanov, dated 8/3/22 re: On 7/25/22, Defendant filed a Reply to Plaintiff's oppositional papers filed on 7/11/22. If you would consider to be reasonable for the plaintiff to prepare his Reply, Plaintiff is asking you to grant permission. Thank you.. Document filed by Mirzo Atadzhanov.(sc)
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Filing 54
CERTIFICATE OF SERVICE of Reply Memorandum of Law in Further Support of Defendants Motion to Dismiss the Amended Complaint, dated July 25, 2022, as well as printed copies of decisions cited therein that are unreported or reported exclusively on computerized databases as required by Local Civil Rule 7.2 served on Mirzo Atadzhanov on July 25, 2022. Service was made by Mail. Document filed by Ralph Celestin, Marc Johnson, Robert Lee, Tyler Mason, Dixon O'Neill, Eliezer Paz, Desiree Ruiz, Raymond Simmons, The City of New York..(Cho, Min Kyung)
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Filing 53
REPLY MEMORANDUM OF LAW in Support re: #33 MOTION to Dismiss the Amended Complaint. . Document filed by Ralph Celestin, Marc Johnson, Robert Lee, Tyler Mason, Dixon O'Neill, Eliezer Paz, Desiree Ruiz, Raymond Simmons, The City of New York. (Attachments: #1 Exhibit A (Unpublished decision not available on Westlaw)).(Cho, Min Kyung)
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Filing 52
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S OPPOSITIONAL MOTION TO DISMISS THE AMENDED COMPLAINT. Document filed by Mirzo Atadzhanov. (sc)
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Filing 51
LETTER addressed to Judge Lewis J. Liman from M. Atadhanov dated 6/15/22 re: On 6/5/22, I sent you a letter seeking an extension of a deadline until 7/18/22 in order to let plaintiff obtain a "proof of service" notarized from Attica Correctional Facility. Plaintiff kindly ask s you to grant that extension in order to allow him to send his oppositional papers. Document filed by Mirzo Atadzhanov.(sc)
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MAILING RECEIPT: Document No: 50. Mailed to: Mirzo Atadzhanov DIN#22B0976 P.O. Box 149 Attica, NY 14011-0149. (kh)
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Filing 50
ORDER re: #49 Letter, filed by Mirzo Atadzhanov. The request is GRANTED. The deadline for Plaintiff to file opposition papers to Defendants' motion to dismiss is extended from June 16, 2022 to July 18, 2022. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (kc)
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Filing 49
LETTER addressed to Judge Lewis J. Liman from M. Atadhanov, dated 6/8/22 re: Up to this day of 6/8/22, I still was not able to visit the Law Library. I am asking you to extend a deadline from 6/16/22 to 7/18/22 in order to let the plaintiff prepare the oppositional papers. Document filed by Mirzo Atadzhanov.(sc)
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MAILING RECEIPT: Document No: 48. Mailed to: Mirzo Atadzhanov DIN#22B0976 P.O. Box 149 Attica, NY 14011-0149. (dsh)
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Filing 48
ORDER: In a letter dated April 18, 2022 (and entered on the docket on April 22, 2022), Plaintiff Mirzo Atadzhanov ("Plaintiff") represented to the Court that he was having difficulty visiting the law library at the Elmira Correctional Facility. Dkt. No. 44. On April 26, 2022, the Court ordered Defendants to report to the Court the efforts they have made to assist Plaintiff in getting access to the law library or, in the alternative, why the Court should not order them to assist Plaintiff in getting access to the law library. Dkt. No. 45. On May 10, 2022, Defendants informed the Court that Plaintiff is currently in State custody and is no longer in custody of the New York City Department of Correction. Dkt. No. 47. Meanwhile, in a letter dated April 22, 2022 (and entered on the docket on April 28, 2022), Plaintiff informed the Court that his address had been changed from the Elmira Correctional Facility to the Attica Correctional Facility. Dkt. No. 46. Accordingly, by May 24, 2022, Plaintiff is hereby ORDERED to file a letter informing the Court whether he has been able to access the law library at the Attica Correctional Facility and, if not, what steps he has taken to try to get access to the law library. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/11/2022) (va)
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Filing 47
LETTER addressed to Judge Lewis J. Liman from Min Kyung Cho dated May 10, 2022 re: the Court's Order dated April 26, 2022 (Dkt. No. 45). Document filed by Ralph Celestin, Marc Johnson, Robert Lee, Tyler Mason, Dixon O'Neill, Eliezer Paz, Desiree Ruiz, Raymond Simmons, The City of New York..(Cho, Min Kyung)
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Filing 46
PRO SE MEMORANDUM, dated 4/22/22 re: CHANGE OF ADDRESS for Mirzo Atadzhanov. New Address: #22B0976, Attica C.F., P.O. 149, Attica, New York, 14011-0149. (sc)
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MAILING RECEIPT: Document No: 45. Mailed to: Mirzo Atadzhanov DIN#22B0976 P.O. Box 500 Elmira, NY 10942-0500. (dsh)
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Filing 45
ORDER re: #44 Letter, filed by Mirzo Atadzhanov. The request is GRANTED. The deadline for Plaintiff to file opposition papers to Defendants' motion to dismiss is extended from May 12, 2022 to June 16, 2022. It is further ORDERED that, by May 10, 2022, Defendants shall report to the Court the efforts they have made to assist Plaintiff in getting access to the law library or, in the alternative, why the Court should not order them to assist Plaintiff in getting access to the law library. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (kc) Transmission to Docket Assistant Clerk for processing.
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Filing 44
LETTER addressed to Judge Lewis J. Liman from M. Atadzhanov, dated 4/18/22 re: I am writing you in order to request that you extend the deadline from 5/12/22 to 6/16/22 in order to let the plaintiff prepare the oppositional motion against Defendants' Motion to Dismiss. If you would order the Superintendent of this facility to allow me to use the Law Library, I would highly appreciate it. Document filed by Mirzo Atadzhanov.(sc)
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Mailed a copy of #43 Order, Set Deadlines to Mirzo Atadzhanov, DIN#22B0976 at Elmira C.F., P.O. Box 500, Elmira, NY 10942-0500. (kh)
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Filing 43
ORDER: Plaintiff has requested that the Court extend the deadline to file opposition papers to Defendants' motion to dismiss from April 8, 2022 to May 12, 2022. Dkt. No. 41. Plaintiff's letter indicates that Defendants consent to the request. Id. The request is GRANTED. Plaintiff shall have until May 12, 2022 to file an opposition to Defendants' motion to dismiss. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff. ( Responses due by 5/12/2022) (Signed by Judge Lewis J. Liman on 3/29/2022) (ate) Transmission to Docket Assistant Clerk for processing.
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Filing 42
PRO SE MEMORANDUM, re: CHANGE OF ADDRESS for Mirzo Atadzhanov. New Address: Elmira C.F., P.O. Box 500, Elmira, New York, 14902-0500. (sc)
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Filing 41
LETTER addressed to Judge Lewis J. Liman from M. Atadzhanov, re: Due to my transfer to the Elmira Correctional Facility on 3/15/22, the time consuming transfer of my legal matters and lack of access to the Law Library, I request that you extend the deadline from 4/8/22 to 5/12/22 for preparation of the oppositional motion. Document filed by Mirzo Atadzhanov.(sc) Modified on 3/25/2022 (sc).
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Filing 40
LETTER addressed to Judge Lewis J. Liman from Mirzo Atadzhanov re: #38 Letter. On 2/15/22, she sent me and you al etter in which she indicated that she never objected on my letter-extension. I received her letter on 2/20/2022. Dear Judge, I'm giving you my word that she objected when I gave her a phone call. Document filed by Mirzo Atadzhanov. (sac)
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Filing 39
ORDER: Plaintiff requested an extension of time until April 8, 2022 to file his opposition papers to Defendants' motion to dismiss the amended complaint. Dkt. No. 37. Defendants have no objection to Plaintiff's proposed extension. Dkt. No. 38. Plaintiff's request for an extension is GRANTED. Plaintiff's opposition papers to Defendants' motion to dismiss the amended complaint are due by April 8, 2022. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. ( Responses due by 4/8/2022.) (Signed by Judge Lewis J. Liman on 2/15/2022) (va) Transmission to Docket Assistant Clerk for processing.
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Filing 38
LETTER addressed to Judge Lewis J. Liman from Min Kyung Cho dated February 15, 2022 re: Plaintiff's letter (Dkt. No. 37). Document filed by Ralph Celestin, Marc Johnson, Robert Lee, Tyler Mason, Dixon O'Neill, Eliezer Paz, Desiree Ruiz, Raymond Simmons, The City of New York..(Cho, Min Kyung)
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Mailed a copy of #39 Order, Set Deadlines to Mirzo Atadzhanov, NYSID: 13834776H, B&C: 1411802809 at 1500 Hazen Street, E. Elmhurst, NY 11370. (kh)
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Filing 37
LETTER addressed to Judge Lewis J. Liman from M. Atadzhanov, dated 2/7/22 re: The plaintiff respectfully requests for an extension of time, until 4/8/22, and allow the plaintiff to submit a status letter by 3/18/22 to inform the Court of the parties' progress in this effort. Document filed by Mirzo Atadzhanov.(sc)
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Filing 36
CERTIFICATE OF SERVICE of (i) Notice of Motion to Dismiss the Amended Complaint, (ii) Notice to Pro Se Litigant Who Opposes a Rule 12 Motion Supported by Matters Outside the Pleadings, and (iii) Memorandum of Law in Support of Defendants Motion to Dismiss the Amended Complaint, all dated January 31, 2022, together with printed copies of decisions cited therein that are unreported or reported exclusively on computerized databases as required by Local Civil Rule 7.2 served on Mirzo Atadzhanov on January 31, 2022. Service was made by Mail. Document filed by Ralph Celestin, Marc Johnson, Robert Lee, Tyler Mason, Dixon O'Neill, Eliezer Paz, Desiree Ruiz, Raymond Simmons, The City of New York..(Cho, Min Kyung)
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Filing 35
MEMORANDUM OF LAW in Support re: #33 MOTION to Dismiss the Amended Complaint. . Document filed by Ralph Celestin, Marc Johnson, Robert Lee, Tyler Mason, Dixon O'Neill, Eliezer Paz, Desiree Ruiz, Raymond Simmons, The City of New York..(Cho, Min Kyung)
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Filing 34
NOTICE of Local Civil Rule 12.1. Document filed by Ralph Celestin, Marc Johnson, Robert Lee, Tyler Mason, Dixon O'Neill, Eliezer Paz, Desiree Ruiz, Raymond Simmons, The City of New York..(Cho, Min Kyung)
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Filing 33
MOTION to Dismiss the Amended Complaint. Document filed by Ralph Celestin, Marc Johnson, Robert Lee, Tyler Mason, Dixon O'Neill, Eliezer Paz, Desiree Ruiz, Raymond Simmons, The City of New York..(Cho, Min Kyung)
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Filing 32
PRO SE MEMORANDUM, dated 1/5/22 re: CHANGE OF ADDRESS for Mirzo Atadzhanov. New Address: NYSID#13834776H, 15-00 Hazen Street, E. Elmhurst, NY, 11370. (sc) Modified on 1/12/2022 (sc).
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Filing 31
MEMO ENDORSEMENT on re: #29 Letter, filed by Mirzo Atadzhanov. ENDORSEMENT: Plaintiff inquires whether Defendants have responded to the complaint. Defendants' time to respond has been extended until January 31, 2022. Should Defendants move against the complaint and should Plaintiff require additional time to oppose any motion, Plaintiff should write to the Court promptly requesting an extension. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Lewis J. Liman on 1/5/2022) (va) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #31 Memo Endorsement, Set Deadlines, to Mirzo Atadzhanov NYSID: 13834776H B&C: 1411802809 18-18 Hazen St. New York, NY 11370. (dsh)
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Filing 30
PRO SE MEMORANDUM dated 12/22/21 re: CHANGE OF ADDRESS for Mirzo Atadzhanov. New Address: 18-18 Hazen Street, E. Elmhurst, NY, 11370. (sc)
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Filing 29
LETTER addressed to Judge Lewis J. Liman from M. Atadzhanov, dated 12/16/21 re: Now, due to to the staff shortage at the Rikers Island Facilities, I am not able to visit a law library in order to type documents, notarize them and conduct research etc. Therefore, I am asking you to provide an extension in order that I will be able to prepare any necessary documents, oppositions motions etc. I am also asking you to find out whether the defendant is complying with a timely response to the Complaint. Document filed by Mirzo Atadzhanov.(sc) Modified on 1/4/2022 (sc).
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Pro Se Payment of Fee Processed: Check $273.01 processed by the Finance Department on 12/14/2021, Receipt Number 465401290865. (jcf)
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Mailed a copy of #28 Order on Motion for Extension of Time to Mirzo Atadzhanov, NYSID: 13834776H, B&C: 1411802809 at 09-09 Hazen St., New York, NY 11370. (kh)
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Filing 28
ORDER granting #27 Letter Motion for Extension of Time. The request is GRANTED. Defendants shall respond to the Amended Complaint by January 31, 2022. No further adjournments of the time to respond will be granted. The Clerk of Court is respectfully directed to mail a copy of this order to the pro se Plaintiff. SO ORDERED.. (Signed by Judge Lewis J. Liman on 12/14/2021) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing 27
LETTER MOTION for Extension of Time to respond to the Amended Complaint addressed to Judge Lewis J. Liman from Min Kyung Cho dated December 14, 2021. Document filed by The City of New York..(Cho, Min Kyung)
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Set/Reset Deadlines: Ralph Celestin answer due 1/31/2022; Marc Johnson answer due 1/31/2022; Robert Lee answer due 1/31/2022; Tyler Mason answer due 1/31/2022; Dixon O'Neill answer due 1/31/2022; Eliezer Paz answer due 1/31/2022; Desiree Ruiz answer due 1/31/2022; Raymond Simmons answer due 1/31/2022; The City of New York answer due 1/31/2022. (kv)
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Filing 26
LETTER addressed to Judge Lewis J. Liman from M. Atadzhanov, dated 11/16/21 re: I am writing you in order to notify you that I am incarcerated in solitary confinement. As a result, I do not have access to the Law Library resources etc. I ask that you grant me an extension to file an opposition in the case if Ms. Min Kyung submitted a Motion to Dismiss. Document filed by Mirzo Atadzhanov.(sc)
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Filing 25
AMENDED COMPLAINT, re: amending #2 Complaint against Ralph Celestin, Marc Johnson, Robert Lee, Tyler Mason, Dixon O'Neill, Eliezer Paz, Desiree Ruiz, Raymond Simmons, The City of New York with JURY DEMAND.Document filed by Mirzo Atadzhanov. Related document: #2 Complaint.(sc)
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Filing 24
MEMO ENDORSEMENT on re: #22 Status Report filed by The City of New York. ENDORSEMENT: Defendants' request is approved. Defendants are directed to respond no later than 45 days after Plaintiff's amended pleading is filed on the docket. The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/19/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing 23
PRO SE MEMORANDUM dated 10/8/21 re: CHANGE OF ADDRESS for Mirzo Atadzhanov. New Address: B&C#1411802809, 09-09 Hazen Street, E. Elmhurst, NY, 11370. (sc)
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Mailed a copy of #24 Memo Endorsement to Mirzo Atadzhanov, NYSID: 13834776H, B&C: 1411802809 at North Infirmary Command, 15-00 Hazen Street, New York, NY 11370. (kh)
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Filing 22
STATUS REPORT. Document filed by The City of New York..(Cho, Min Kyung)
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Mailed a copy of #21 Order on Motion for Extension of Time to Mirzo Atadzhanov, NYSID: 13834776H, B&C: 1411802809 at North Infirmary Command, 15-00 Hazen Street, New York, NY 11370. (kh)
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Filing 21
ORDER granting #20 Letter Motion for Extension of Time. Motion granted. Time to respond to Valentin order extended to November 1, 2021 and defendants to submit status report by October 15, 2021, proposing a date for an answer or response to the complaint. The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff. (Signed by Judge Lewis J. Liman on 9/27/2021) (tg) Transmission to Docket Assistant Clerk for processing.
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Filing 20
LETTER MOTION for Extension of Time addressed to Judge Lewis J. Liman from Min Kyung Cho dated September 27, 2021. Document filed by The City of New York..(Cho, Min Kyung)
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Pro Se Payment of Fee Processed: Check $76.99 processed by the Finance Department on 9/17/2021, Receipt Number 465401286127. (jcf)
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Filing 19
LETTER addressed to Judge Lewis J. Liman from M. Atadzhanov, dated 9/14/21 re: I write in order to inform you that on 9/12/21, I received a letter from Assistant Corporation Counsel of the City of New York Min K. Cho, dated 9/3/21 asking the Court to enlarge the time in order that this counsel could comply with the Court's Valentin Order until 9/30/21 etc. I do not object that you gave extra time for the counsel to comply with the Valentin Order. However, I want to notify you that I sent to the counsel the information which she requested. Document filed by Mirzo Atadzhanov.(sc) Modified on 9/20/2021 (sc).
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Mailed a copy of 18 Order on Motion for Extension of Time to Mirzo Atadzhanov, NYSID: 13834776H, B&C: 1411802809 at North Infirmary Command, 15-00 Hazen Street, New York, NY 11370. (kh)
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Liman, Lewis) Transmission to Pro Se Assistants for processing.
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Filing 17
LETTER MOTION for Extension of Time addressed to Judge Lewis J. Liman from Min Kyung Cho dated September 3, 2021. Document filed by The City of New York..(Cho, Min Kyung)
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Mailed a copy of #16 Scheduling Order to Mirzo Atadzhanov, NYSID: 13834776H, B&C: 1411802809 at North Infirmary Command, 15-00 Hazen Street, New York, NY 11370. (kh)
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Minute Entry for proceedings held before Judge Lewis J. Liman: Initial Pretrial Conference held on 8/9/2021 by Telephone Conference. Pro Se Plaintiff, Mirzo Atadzhanov, present by telephone. Min Kyung Cho and Andrew Rauchberg present by telephone for Defendant, The City of New York. Court reporter present by telephone. (mf)
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Filing 16
ORDER: As stated at the conference held today, it is ORDERED that discovery is stayed pending resolution of Defendants' intended motion to dismiss. Defendants shall a file its motion to dismiss, on behalf of all defendants, by October 1, 2020. Plaintiff's opposition shall be filed by November 1, 2021. Defendant's reply shall be filed by November 15, 2021. The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff. SO ORDERED. Motions due by 10/1/2021. Responses due by 11/1/2021 Replies due by 11/15/2021. (Signed by Judge Lewis J. Liman on 8/9/2021) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing 15
NOTICE OF APPEARANCE by Min Kyung Michelle Cho on behalf of The City of New York..(Cho, Min Kyung)
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Filing 14
ORDER denying #13 Letter Motion to Adjourn Conference. The motion adjourn the conference is DENIED. At the conference, the parties should be prepared to discuss the planned motion to dismiss and a schedule for it as well as the defendants' request for a stay. Defendants shall make arrangements for Plaintiff to be available for the telephonic conference. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Lewis J. Liman on 8/4/2021) (va) Transmission to Docket Assistant Clerk for processing.
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Filing 13
LETTER MOTION to Adjourn Conference and letter re discovery and the plan submitted by Plaintiff addressed to Judge Lewis J. Liman from Andrew J. Rauchberg dated August 4, 2021. Document filed by The City of New York..(Rauchberg, Andrew)
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Mailed a copy of #14 Order on Motion to Adjourn Conference to Mirzo Atadzhanov, NYSID: 13834776H, B&C: 1411802809 at North Infirmary Command, 15-00 Hazen Street, New York, NY 11370. (kh)
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Filing 12
PROPOSED CASE MANAGEMENT PLAN & SCHEDULING ORDER. Document filed by Mirzo Atadzhanov. (sc)
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Filing 11
LETTER addressed to Judge Lewis J. Liman from Andrew J. Rauchberg dated August 2, 2021 re: the Court's 7-19-21 Order and the City's intent to move to dismiss. Document filed by The City of New York..(Rauchberg, Andrew)
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Filing 10
WAIVER OF SERVICE RETURNED EXECUTED. The City of New York waiver sent on 8/2/2021, answer due 10/1/2021. Document filed by The City of New York..(Rauchberg, Andrew)
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Filing 9
NOTICE OF APPEARANCE by Andrew James Rauchberg on behalf of The City of New York..(Rauchberg, Andrew)
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Mailed a copy of #8 Order for Initial Pretrial Conference to Mirzo Atadzhanov, NYSID: 13834776H, B&C: 1411802809 at North Infirmary Command, 15-00 Hazen Street, New York, NY 11370. (kh)
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Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby: ORDERED that counsel for all parties appear for an Initial Pretrial Conference by TELEPHONE on August 9, 2021, at 3:00 p.m. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. The Clerk of Court is respectfully directed to mail a copy of this notice to Plaintiff. SO ORDERED. Initial Conference set for 8/9/2021 at 03:00 PM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 7/19/2021) (va) Transmission to Docket Assistant Clerk for processing. Modified on 7/19/2021 (va).
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Filing 7
INFORMATION PACKAGE MAILED to Mirzo Atadzhanov, NYSID: 13834776H, B&C: 1411802809, at North Infirmary Command, 15-00 Hazen Street, New York, NY 11370, on 7/7/2021 Re: #6 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, 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. (sha)
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Mailed a copy of #6 Order of Service, to New York City Law Department at 100 Church Street, New York, NY 10007. (sha)
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Filing 6
ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. Plaintiff's claims against the New York City Department of Correction are dismissed under 28 U.S.C. 1915(e)(2)(B)(ii). The Clerk of Court is 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 the City of New York waive service of summons. The Clerk of Court is directed to mail a copy of this order to the New York City Law Department at 100 Church Street, New York, NY 10007. An Amended Civil Rights Complaint form is attached to 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. Waiver of Service due by 8/5/2021. (Signed by Judge Lewis J. Liman on 7/6/2021) (va) Transmission to Pro Se Assistants for processing. (Additional attachment(s) added on 7/7/2021: #1 Attachment) (mt).
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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. (wb)
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NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Unassigned is no longer assigned to the case..(wb)
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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 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 6/23/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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Filing 3
PRISONER AUTHORIZATION. Document filed by Mirzo Atadzhanov. (sac)
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Filing 2
COMPLAINT against John Doe(Correctional Officer), The City of New York, The New York City Department of Correction. Document filed by Mirzo Atadzhanov. (sac)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Mirzo Atadzhanov. (sac)
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Case Designated ECF. (sac)
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