Nieves v. Best et al
| Michael Nieves |
| Miriam R. Best, Christopher Rivet, Brandon Riddle, Fire Marshal Philip Meagher, Police Officer James Marcinek, Police Officer Rufian Arshad and The City of New York |
| 1:2021cv07171 |
| August 24, 2021 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 13, 2021. A more recent docket listing may be available from PACER.
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Filing 11
INFORMATION PACKAGE MAILED to Michael Nieves 8952000392 Bellevue Hospital Prison Ward 462 First Avenue New York, NY 10016, at, on 10/13/2021 Re: #9 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 10 SUMMONS ISSUED as to Rufian Arshad, James Marcinek, Philip Meagher, The City of New York. (aan) |
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Filing 9
ORDER OF SERVICE: The Court dismisses Plaintiff's claims against Justice Best under the doctrine of judicial immunity and as frivolous. See 28 U.S.C. 1915(e)(2)(B)(i), (iii). The Court dismisses Plaintiff claims against Assistant District Attorneys Riddle and Rivet under the doctrine of prosecutorial immunity. See id. The Court also dismisses Plaintiff's remaining claims for injunctive and declaratory relief in his complaint, and denies his application for a temporary restraining order and a preliminary injunction (ECF 3), without prejudice to Plaintiff's filing a petition for a writ of habeas corpus under 28 U.S.C. 2241 after Plaintiff has exhausted his available state-court remedies. The Court further denies Plaintiff's application for the appointment of counsel without prejudice to Plaintiff's filing an application for the Court to request pro bono counsel at a later date. (ECF 6.) The Clerk of Court is further instructed to issue summonses, complete the USM-285 forms with the addresses for Fire Marshal Philip Meagher, Officer James Marcinek, Officer Rufian Arshad, and the City of New York, and deliver to the U.S. Marshals Service all documents necessary to effect service on these defendants. 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. Motions terminated: #6 APPLICATION for the Court to Request Counsel, filed by Michael Nieves. (Signed by Judge Lewis J. Liman on 10/13/2021) (va) Transmission to Pro Se Assistants for processing.
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| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 10/13/2021 Re: Judge Lewis J. Liman #9 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) Rufian Arshad, James Marcinek, Philip Meagher, The City of New York. (aan) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-00990-LJL. Notice of Assignment to follow. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Unassigned is no longer assigned to the case. (aea) |
| Magistrate Judge Ona T. Wang 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. (aea) |
| Mailed a copy of #7 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Bellevue Hospital Prison Ward, 462 First Avenue, New York, NY 10016. (dsh) |
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Filing 7
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 9/2/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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| Filing 6 APPLICATION for the Court to Request Counsel. Document filed by Michael Nieves..(rdz) |
| Filing 5 AFFIDAVIT in SUPPORT OF APPLICATION. Document filed by Michael Nieves..(rdz) |
| Filing 4 PRISONER AUTHORIZATION. Document filed by Michael Nieves..(rdz) |
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Filing 3
ORDER TO SHOW CAUSE for PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER filed by Michael Nieves. (rdz)
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| Filing 2 COMPLAINT against Rufian Arshad, Miriam R. Best, James Marcinek, Philip Meagher, Brandon Riddle, Christopher Rivet, The City of New York. Document filed by Michael Nieves..(rdz) |
| Filing 1 NOTICE OF MOTION TO PROCEED IN FORMA PAUPERIS. Document filed by Michael Nieves..(rdz) |
| Case Designated ECF. (rdz) |
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