Peters v. Doe
| Ziphaire W. Peters |
| Commissioner Cynthia Braun, Santiago, Tinesha Mills and John Doe |
| Office of the Corporation Counsel of the City of New York |
| 1:2021cv05527 |
| June 23, 2021 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 12, 2023. A more recent docket listing may be available from PACER.
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MAILING RECEIPT: Document No: 28. Mailed to: Ziphaire W. Peters B&C#4411905015 AMKC Mod 9 18-18 Hazen St. East Elmhurst, NY 11370. (kh)
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Filing 28
ORDER granting #27 Letter Motion for Extension of Time. The City of New York's request for a third, two-week, extension of time to comply with Valentin Order (from November 15, 2022, to November 29, 2022) is granted. So ordered. (Signed by Judge Edgardo Ramos on 10/03/2022) (jca)
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Filing 27
THIRD LETTER MOTION for Extension of Time to comply with Valentin Order, addressed to Judge Edgardo Ramos from Jeffrey F. Frank dated September 30, 2022. Document filed by Office of the Corporation Counsel of the City of New York. (Attachments: #1 Exhibit A: September 16, 2022 Declaration of Service of Identification Interrogatories, #2 Exhibit B: September 16, 2022 Declaration of Service of Letter Motion, #3 Exhibit C: September 30, 2022 Declaration of Service of Identification Interrogatories).(Frank, Jeffrey)
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MAILING RECEIPT: Document No: 26. Mailed to: Ziphaire W. Peters B&C#4411905015 AMKC Mod 9 18-18 Hazen St. East Elmhurst, NY 11370. (kh)
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Filing 26
ORDER granting #25 Letter Motion for Extension of Time. The City of New York's request for a second, 60-day, extension of time to comply with Valentin Order (from September 16, 2022, to November 15, 2022) is granted. So ordered. (Signed by Judge Edgardo Ramos on 9/19/2022) (vfr)
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Filing 25
SECOND LETTER MOTION for Extension of Time to comply with Valentin Order, addressed to Judge Edgardo Ramos from Jeffrey F. Frank dated September 16, 2022. Document filed by Office of the Corporation Counsel of the City of New York..(Frank, Jeffrey)
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Mailed a copy of #24 Order on Motion for Extension of Time, to Ziphaire W. Peters at B&C # 4411905015 06-A-6069 AMKC Mod 9 18-18 Hazen St. East Elmhurst, NY 11370. (jar)
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Received returned mail re: #24 Order on Motion for Extension of Time. Mail was addressed to Ziphaire W. Peters, 06-A-6069, AMKC, Mod 9, 18-18 Hazen St., East Elmhurst, NY 11370 and was returned for the following reason(s): Return To Sender Not Deliverable As Addressed Unable To Forward, RTS, need inmate book and case or NYSID # to identify inmate. (vn)
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MAILING RECEIPT: Document No: 24. Mailed to: Ziphaire W. Peters 06-A-6069 AMKC Mod 9 18-18 Hazen St. East Elmhurst, NY 11370. (dsh)
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Filing 24
ORDER granting #23 Letter Motion for Extension of Time. The extension to September 16, 2022 is granted. The Clerk of Court is respectfully directed to mail a copy of this order to the plaintiff. SO ORDERED. (Signed by Judge Edgardo Ramos on 7/19/22) (yv)
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Filing 23
LETTER MOTION for Extension of Time to comply with Valentin Order, addressed to Judge Edgardo Ramos from Jeffrey F. Frank dated July 18, 2022. Document filed by Office of the Corporation Counsel of the City of New York..(Frank, Jeffrey)
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MAILING RECEIPT: Document No: 22. Mailed to: Ziphaire W. Peters 06-A-6069 AMKC Mod 9 18-18 Hazen St. East Elmhurst, NY 11370. (kh)
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Filing 22
OPINION & ORDER re: #14 MOTION to Dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6). filed by Tinesha Mills, Cynthia Braun, Santiago. For the foregoing reasons, the motion to dismiss is GRANTED. The Clerk of Court is respectfully directed to: Terminate the motion, Doc. 14; Terminate Mills, Santiago, and Brann as defendants; Add John Doe as a defendant; and Mail a copy of this order to Peters. (John Doe added. Santiago (Asst. Deputy Warden), Cynthia Braun and Tinesha Mills (Warden AMKC Dept. ) terminated.) (Signed by Judge Edgardo Ramos on 5/18/2022) (rro)
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Filing 21
REPLY MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6). . Document filed by Cynthia Braun, Tinesha Mills, Santiago..(Frank, Jeffrey)
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Filing 20
MEMO ENDORSEMENT: on re: #19 Response to Motion filed by Ziphaire W. Peters. ENDORSEMENT: Defendants are directed to reply by March 7, 2022. The Clerk of Court is respectfully requested to mail a copy of this order to the Plaintiff. SO ORDERED. (Signed by Judge Edgardo Ramos on 2/28/2022) (ama) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #20 Memo Endorsement, to Ziphaire W. Peters, 06-A-6069, AMK,C Mod 9, 18-18 Hazen St., East Elmhurst, NY 11370. (dsh)
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Filing 19
Letter of Motion to respond to Motion re: #14 MOTION to Dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6). Document filed by Ziphaire W. Peters. (sac)
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Filing 18
ORDER: Defendants filed a motion to dismiss the complaint on December 17, 2021. Doc. 14. Defendants mailed notice of the motion to Peters, indicating that Peters' opposition was due January 18, 2022. As of this date, Peters has not submitted a response. Peters is therefore directed to submit a response by March 1, 2022. Failure to do so will result in the Court deeming the motion unopposed. The Clerk of Court is respectfully requested to mail a copy of this order to the Plaintiff. ( Responses due by 3/1/2022) (Signed by Judge Edgardo Ramos on 2/1/2022) (ate) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #18 Order, Set Deadlines to Ziphaire W. Peters, 06-A-6069 at AMKC Mod 9, 18-18 Hazen St., East Elmhurst, NY 11370. (kh)
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Filing 17
LETTER addressed to Judge Edgardo Ramos from Jeffrey F. Frank dated January 31, 2022 re: defendants' motion to dismiss. Document filed by Cynthia Braun, Tinesha Mills, Santiago..(Frank, Jeffrey)
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Filing 16
MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6). . Document filed by Cynthia Braun, Tinesha Mills, Santiago..(Frank, Jeffrey)
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Filing 15
NOTICE of Motion pursuant to Local Civil Rule 12.1 re: #14 MOTION to Dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Cynthia Braun, Tinesha Mills, Santiago..(Frank, Jeffrey)
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Filing 14
MOTION to Dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6). Document filed by Cynthia Braun, Tinesha Mills, Santiago. Responses due by 1/18/2022.(Frank, Jeffrey)
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Filing 13
MEMO ENDORSEMENT: on re: #11 LETTER MOTION for Conference (Pre-Motion Conference). addressed to Judge Edgardo Ramos from Jeffrey F. Frank dated October 25, 2021. filed by Tinesha Mills, Cynthia Braun, Santiago. ENDORSEMENT: The November 23 pre-motion conference is CANCELLED. Defendants are granted leave to file a motion to dismiss with the following briefing schedule: defendant's moving papers due December 20, 2021; plaintiff's response due January 18, 2022; and reply due February 1, 2022. SO ORDERED., ( Motions due by 12/20/2021., Responses due by 1/18/2022, Replies due by 2/1/2022.) (Signed by Judge Edgardo Ramos on 11/22/2021) (ama)
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Filing 12
ORDER granting #11 Letter Motion for Conference. A pre-motion conference will be held on November 23, 2021 at 11:00 AM by telephone. Plaintiff is directed to submit a written response not longer that 3 pages by November 16, 2021. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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Filing 11
LETTER MOTION for Conference (Pre-Motion Conference) addressed to Judge Edgardo Ramos from Jeffrey F. Frank dated October 25, 2021. Document filed by Cynthia Braun, Tinesha Mills, Santiago..(Frank, Jeffrey)
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Filing 10
NOTICE OF APPEARANCE by Jeffrey Fredrick Frank on behalf of Cynthia Braun, Tinesha Mills, Santiago..(Frank, Jeffrey)
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Filing 9
NOTICE OF APPEARANCE by Jeffrey Fredrick Frank on behalf of Office of the Corporation Counsel of the City of New York..(Frank, Jeffrey)
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Filing 8
WAIVER OF SERVICE RETURNED EXECUTED. Cynthia Braun waiver sent on 8/24/2021, answer due 10/25/2021; Santiago waiver sent on 8/24/2021, answer due 10/25/2021; Tinesha Mills waiver sent on 8/24/2021, answer due 10/25/2021. Document filed by Cynthia Braun ; Santiago; Tinesha Mills..(Richardson, Lisa)
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Filing 7
INFORMATION PACKAGE MAILED to Ziphaire W. Peters, 06-A-6069, at AMKC Mod 9, 18-18 Hazen St., East Elmhurst, NY 11370, on 8/2/2021 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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Filing 6
ORDER OF SERVICE: The Clerk of Court is further respectfully 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 Warden Tinesha Mills, Assistant Deputy Warden Santiago, and former Commissioner Cynthia Brann waive service of summons. Local Civil Rule 33.2 applies to this action. The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff, together with an information package. SO ORDERED. Waiver of Service due by 8/30/2021. (Signed by Judge Edgardo Ramos on 7/30/2021) (ate) Transmission to Pro Se Assistants for processing.
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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 7/29/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Unassigned is no longer assigned to the case..(wb)
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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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Filing 3
PRISONER AUTHORIZATION. Document filed by Ziphaire W. Peters..(rdz)
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Filing 2
COMPLAINT against Cynthia Braun, Tinesha Mills, Santiago. Document filed by Ziphaire W. Peters..(rdz)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Ziphaire W. Peters..(rdz)
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Case Designated ECF. (rdz)
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