Dubarry et al v. Capra et al
| Darius Dubarry, Harry Rivera and Jayquan Griffin |
| Stephen Brandow, Leslie Malin, Jpay Inc., Michael Capra, Anthony Annucci, Jeff McKoy, John Doe Reviewing Officer #1, John Doe Reviewing Officer #2, John Doe Reviewing Officer #3, John Doe Central Review Committee Members Department of Corrections and Community Supervision and Department of Corrections and Community Supervision |
| 7:2021cv05487 |
| June 22, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kenneth M Karas |
| Laura Taylor Swain |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 21, 2023. A more recent docket listing may be available from PACER.
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Filing 16
PRISONER AUTHORIZATION. Document filed by Jayquan Griffin.(sc)
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Filing 15
INFORMATION PACKAGE MAILED to Darius Dubarry, 09-A-3856, at Fac. Sing Sing Corr., 354 Hunter St., Ossining, NY 10562, on 8/16/2021 Re: #13 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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Filing 14
SUMMONS ISSUED as to Anthony Annucci, Stephen Brandow, Michael Capra, JPay, Inc., Leslie Malin, Jeff McCoy. (sha)
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INFORMATION PACKAGE MAILED to Harry Rivera, 84-A-0068, at Fac. Sing Sing Corr. Fac., 354 Hunter St., Ossining, NY 10562, on 8/16/2021 Re: #13 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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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 8/16/2021 Re: Judge Kenneth M. Karas #13 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) Anthony Annucci, Stephen Brandow, Michael Capra, JPay, Inc., Leslie Malin, Jeff McCoy. (sha)
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Filing 13
ORDER OF SERVICE: The Court dismisses, based on Eleventh Amendment immunity, Plaintiffs' claims against the New York State Department of Corrections and Community Supervision and their official capacity claims for damages against the individual defendants. 28 U.S.C. 1915(e)(2)(B) (iii). The Clerk of Court is respectfully directed to complete the USM-285 forms with the addresses for Defendants Anthony Annucci, Jeff McCoy, Michael Capra, Leslie Malin, Stephen Brandow, and JPay, Inc., and to deliver to the U.S. Marshals Service all documents necessary to effect service. If Plaintiffs wish to pursue their claims against the John Doe defendants, they must supply further information to Court within 30 days to assist the New York State Attorney General in identifying these defendants. Such information must be mailed to the Pro Se Intake Unit and bear the docket number 21-CV-5487 (KMK). The Clerk of Court is further instructed to mail each Plaintiff a copy of this order, together with an information package. 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 in forma pauperis 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. (Signed by Judge Kenneth M. Karas on 8/13/21) (yv) Transmission to Pro Se Assistants for processing.
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NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Laura Taylor Swain is no longer assigned to the case..(wb)
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Magistrate Judge Andrew E. Krause 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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Mailed a copy of #11 Order of Dismissal, to Darius Dubarry, 09-A-3856 Fac. Sing Sing Corr. 354 Hunter St. Ossining, NY 10562; Harry Rivera, 84-A-0068, Fac. Sing Sing Corr. Fac., 354 Hunter St., Ossining, NY 10562; Jayquan Griffin, 16-A-3010, Fac. Sing Sing Corr. Fac., 354 Hunter St., Ossining, NY 10562. (dsh)
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Filing 11
ORDER OF DISMISSAL: By order dated June 23, 2021, the Court directed Plaintiff Jayquan Griffin, within thirty days, to submit an amended prisoner authorization or pay the $402.00 in fees required to file a civil action in this Court. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff Griffin has not filed an amended prisoner authorization or paid the fees. Accordingly, Plaintiff Jayquan Griffin is dismissed from this action, without prejudice to his refiling his claims. See 28 U.S.C. 1914, 1915. 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 Clerk of Court is directed to mail a copy of this order to Plaintiffs and note service on the docket. (Signed by Judge Laura Taylor Swain on 8/4/21) (rdz) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #9 Order Granting IFP Application in Prisoner Case, to Darius Dubarry, 09-A-3856 Fac. Sing Sing Corr. 354 Hunter St. Ossining, NY 10562; Harry Rivera, 84-A-0068, Fac. Sing Sing Corr. Fac., 354 Hunter St., Ossining, NY 10562; Jayquan Griffin, 16-A-3010, Fac. Sing Sing Corr. Fac., 354 Hunter St., Ossining, NY 10562. (dsh)
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Mailed a copy of #9 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Sing Sing Correctional Facility, 354 Hunter Street, Ossining, NY 10562-5442. (dsh)
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Filing 10
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 Darius Dubarry. 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 Dubarry 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 Dubarry's obligation to promptly submit a written notification to the Court if his address changes, and the Court may dismiss him from the action if he fails to do so. (Signed by Judge Laura Taylor Swain on 7/15/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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Filing 9
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 Harry Rivera. 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 Rivera 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 Rivera's obligation to promptly submit a written notification to the Court if his address changes, and the Court may dismiss him from the action if he fails to do so. (Signed by Judge Laura Taylor Swain on 7/15/2021) (vn) Transmission to Docket Assistant Clerk for processing. Modified on 7/19/2021 (vn). (Main Document 9 replaced on 8/13/2021) (vn).
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Filing 8
PRISONER AUTHORIZATION. Document filed by Harry Rivera.(sc)
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Filing 7
APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Harry Rivera.(sc)
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Filing 6
PRISONER AUTHORIZATION. Document filed by Darius Dubarry.(sc)
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Filing 5
APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Darius Dubarry.(sc)
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Filing 4
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiffs are directed to render payment of the filing fee or to each submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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). Filing Fee due by 7/23/2021. In Forma Pauperis (IFP) Application due by 7/23/2021. Prisoner Authorization Form due by 7/23/2021. (Signed by Judge Laura Taylor Swain on 6/23/2021) (Attachments: #1 IFP application, #2 prisoner authorization) (keb) Transmission to Docket Assistant Clerk for processing.
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(bcu)
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Mailed a copy of #4 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to Darius Dubarry 09-A-3856 Fac. Sing Sing Corr. 354 Hunter St. Ossining, NY 10562; Harry Rivera, 84-A-0068, Fac. Sing Sing Corr. Fac., 354 Hunter St., Ossining, NY 10562; Jayquan Griffin, 16-A-3010, Fac. Sing Sing Corr. Fac., 354 Hunter St., Ossining, NY 10562. (Attachments: # 1 IFP application, # 2 prisoner authorization) (dsh)
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Filing 3
PRISONER AUTHORIZATION. Document filed by Jayquan Griffin..(rdz)
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Filing 2
COMPLAINT against Anthony Annucci, Stephen Brandow, Michael Capra, Jpay Inc., Leslie Malin, Jeff McKoy. Document filed by Darius Dubarry, Jayquan Griffin, Harry Rivera.(rdz)
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Filing 1
DECLARATION in Support for Leave to Proceed Forma Pauperis and Appointment of Counsel. Document filed by Jayquan Griffin. (rdz)
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Case Designated ECF. (rdz)
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