Lee v. Carter et al
| Michael J. Lee, Daeshawn McCray, Kevin Terry, Jason Young, Tayquan Mosley, Mitchell Thompson, Genghis Khan, Rashawn Kingsberry, Hassan Bility, Michael Blocert, Darren Boyd, Mejia Alejandro, Gustave Brown, Frankie Corchado, Luke Dihan, William Stevenson, Turner Turner-Hawkins, Tyrefe Kelly, Kenneth Watts, Chibueze Ejiaku, Lasalle Goring, William Daniel, Marquis Tanner, Maurice Pye, Sr., Michael Blount, Andre C. Jones, Sr., Terman Kirby, Luke Dinan, Rashid Turner Hawkins, William Daniels and Termain Kirby |
| Warden Carter, Captain Guerra, Capt. John Doe and Captain Horton |
| 1:2021cv08629 |
| October 19, 2021 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Robert W Lehrburger |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 12, 2022. A more recent docket listing may be available from PACER.
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Filing 52
WAIVER OF SERVICE RETURNED EXECUTED. Horton waiver sent on 12/9/2021, answer due 2/7/2022. Document filed by Horton..(Richardson, Lisa)
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Filing 51
WAIVER OF SERVICE RETURNED UNEXECUTED as to Horton. Document filed by Horton..(Richardson, Lisa)
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Filing 50
WAIVER OF SERVICE RETURNED EXECUTED. Carter waiver sent on 12/1/2021, answer due 1/31/2022; Guerra waiver sent on 12/1/2021, answer due 1/31/2022. Document filed by Carter; Guerra..(Richardson, Lisa)
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Received returned mail re: #48 FRCP 4 Service Package - Mailed. Mail was addressed to Michael J. Lee at V.C.B.C 1 Halleck Street, Bronx, NY 10474 and was returned for the following reason(s): Return to Sender, Attempted - Not Known, Unable to Forward. (ok)
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Mailed a copy of #48 Information Package - Mailed, to Michael J. Lee, DIN: 21-A-2242 at Downstate Correctional Facility, P.O. Box F, Fishkill, NY 12524. (sha)
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Filing 49
ORDER: The Clerk of Court is respectfully directed to mail a notice of change of address form to Plaintiffs new address (noted below) and to have copies of the returned orders and information package mailed to the new address as well. SO ORDERED. Copies transmitted this date to all counsel of record.Michael Lee, 21A2242, Downstate Correctional Facility Attn: Box F, 121 Red Schoolhouse Road, P.O. Box 445, Fishkill, NY 12524. (Signed by Magistrate Judge Robert W. Lehrburger on 11/17/2021) (mml) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of a notice of change of address form, #43 Order, Add and Terminate Parties, #48 FRCP 4 Service Package, #49 Order, to Michael Lee, 21A2242, Downstate Correctional Facility Attn: Box F, 121 Red Schoolhouse Road, P.O. Box 445, Fishkill, NY 12524. (dsh)
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Received returned mail re: #43 Order, Add and Terminate Parties. Mail was addressed to Michael J. Lee, 3492001663, 1 Halleck Street, Bronx, NY 10474 and was returned for the following reason(s): Return To Sender Attempted - Not Known Unable To Forward. (vn)
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Filing 48
INFORMATION PACKAGE MAILED to Michael Lee, #3492001663, at V.C.B.C., 1 Halleck Street, Bronx, NY 10474, on 11/4/2021 Re: #47 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 47
ORDER OF SERVICE: 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 Defendants C. Carter, VCBC Warden; Captain Horton, VCBC Facility Storehouse Captain; and Captain Guerra, VCBC 3-AA Shift Supervisor, waive service of summons. The Clerk of Court is directed to mail a copy of this order and the complaint to New York City Law Department at: 100 Church Street, New York, New York 10007. An "Amended Complaint" form is attached to this order. The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. SO ORDERED. Copies transmitted this date to all counsel of record. The Clerk's Office is respectfully directed to mail a copy of this Order to Plaintiff pro se and note service on the docket: Michael Lee, #3492001663, V.C.B.C., 1 Halleck Street, Bronx, NY 10474. Waiver of Service due by 12/6/2021. (Signed by Magistrate Judge Robert W. Lehrburger on 11/4/2021) (mml) Transmission to Pro Se Assistants for processing.
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Mailed a copy of #47 Order of Service, #1 Complaint, to New York City Law Department at 100 Church Street, New York, New York 10007. (sha)
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Filing 46
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 Robert W. Lehrburger. SO ORDERED. Motions referred to Robert W. Lehrburger. (Signed by Judge Paul A. Engelmayer on 11/03/2021) (ama)
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Filing 45
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 11/2/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Laura Taylor Swain is no longer assigned to the case. (aea)
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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. (aea)
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Filing 43
ORDER: The Court severs the claims of all plaintiffs under Fed. R. Civ. P. 21. Michael J. Lee will proceed as the sole plaintiff in this action. The Clerk of Court is directed to open separate civil actions with new docket numbers for the following plaintiffs: Daeshawn McCray #2412100805; Kevin Terry #4412000303; Jason Young #2412001869; Tayquan Mosley #1412000323; Mitchell Thompson #3492001965; Genghis Khan #2412101804; Rashawn Kingsberry #3492000022; Hassan Bility #1412003090; Darren Boyd #5412100385; Alejandro Mejia #3491904058; Gustave Brown #2411902513; Frankie Corchado #2412000121; Luke Dinan #4412101406; William Stevenson #3412100191; Rashid Turner-Hawkins #2412000097; Tyrefe Kelly #1412101303; Kenneth Watts #3492100023; Chibueze Ejiaku #3491902389; Lasalle Goring #5412100443; William Daniels #4412000556; Marquis Tanner #2412002342; Maurice Pye, Sr. #2412001589; Michael Blount #2412101155; Andre C. Jones, Sr. #1411806305; Termain Kirby #1412001914. A copy of the complaint (ECF No. 1), this order, and the corresponding IFP application and prisoner authorization should be docketed in each new case. The Clerk of Court is directed to mail a copy of this order to each of the plaintiffs at the addresses listed on the docket and note service on the docket. (Michael Blount, Darren Boyd, Gustave Brown, Frankie Corchado, William Daniels, Luke Dinan, Chibueze Ejiaku, Lasalle Goring, Rashid Turner Hawkins, Andre C. Jones, Sr, Tyrefe Kelly, Genghis Khan, Rashawn Kingsberry, Termain Kirby, Daeshawn McCray, Tayquan Mosley, Maurice Pye, Sr, William Stevenson, Marquis Tanner, Kevin Terry, Mitchell Thompson, Kenneth Watts, Jason Young, Mejia Alejandro and Hassan Bility terminated.) (Signed by Judge Laura Taylor Swain on 11/1/2021) (sac) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #43 Order, Add and Terminate Parties, to Michael J. Lee, 3492001663 at 1 Halleck Street, Bronx, NY 10474. (dsh)
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Filing 42
APPLICATION FOR THE COURT TO REQUEST PRO BONO COUNSEL. Document filed by Michael J. Lee.(sc)
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (aea)
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Filing 41
PRISONER AUTHORIZATION. Document filed by Jason Young..(rdz)
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Filing 40
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jason Young..(rdz)
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Filing 39
PRISONER AUTHORIZATION. Document filed by Kenneth Watts..(rdz)
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Filing 38
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Kenneth Watts..(rdz)
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Filing 37
PRISONER AUTHORIZATION. Document filed by Rashid Turner Hawkins.(rdz) Modified on 10/25/2021 (rdz).
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Filing 36
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Rashid Turner Hawkins.(rdz) Modified on 10/25/2021 (rdz).
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Filing 35
PRISONER AUTHORIZATION. Document filed by Mitchell Thompson..(rdz)
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Filing 34
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Mitchell Thompson..(rdz)
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Filing 33
PRISONER AUTHORIZATION. Document filed by Kevin Terry..(rdz)
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Filing 32
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Kevin Terry..(rdz)
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Filing 31
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by William Stevenson..(rdz)
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Filing 30
PRISONER AUTHORIZATION. Document filed by William Stevenson..(rdz)
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Filing 29
PRISONER AUTHORIZATION. Document filed by Tayquan Mosley..(rdz)
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Filing 28
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Tayquan Mosley..(rdz)
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Filing 27
PRISONER AUTHORIZATION. Document filed by Daeshawn McCray..(rdz) Modified on 10/21/2021 (rdz).
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Filing 26
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Daeshawn McCray.(rdz) Modified on 10/21/2021 (rdz).
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Filing 25
PRISONER AUTHORIZATION. Document filed by Termain Kirby.(rdz) Modified on 10/25/2021 (rdz).
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Filing 24
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Termain Kirby.(rdz) Modified on 10/25/2021 (rdz).
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Filing 23
PRISONER AUTHORIZATION. Document filed by Genghis Khan..(rdz)
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Filing 22
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Genghis Khan..(rdz)
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Filing 21
PRISONER AUTHORIZATION. Document filed by Tyrefe Kelly..(rdz)
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Filing 20
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Tyrefe Kelly..(rdz)
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Filing 19
PRISONER AUTHORIZATION. Document filed by Andre C. Jones, Sr..(rdz)
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Filing 18
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Andre C. Jones, Sr..(rdz)
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Filing 17
PRISONER AUTHORIZATION. Document filed by Lasalle Goring..(rdz)
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Filing 16
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Lasalle Goring..(rdz)
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Filing 15
PRISONER AUTHORIZATION. Document filed by Luke Dinan.(rdz) Modified on 10/25/2021 (rdz).
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Filing 14
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Luke Dinan.(rdz) Modified on 10/25/2021 (rdz).
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Filing 13
PRISONER AUTHORIZATION. Document filed by William Daniel..(rdz)
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Filing 12
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by William Daniel..(rdz)
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Filing 11
PRISONER AUTHORIZATION. Document filed by Frankie Corchado..(rdz)
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Filing 10
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Frankie Corchado..(rdz)
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Filing 9
PRISONER AUTHORIZATION. Document filed by Gustave Brown..(rdz)
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Filing 8
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Gustave Brown..(rdz)
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Filing 7
PRISONER AUTHORIZATION. Document filed by Michael Blount..(rdz)
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Filing 6
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Michael Blount..(rdz)
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Filing 5
PRISONER AUTHORIZATION. Document filed by Mejia Alejandro..(rdz)
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Filing 4
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Mejia Alejandro..(rdz)
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Filing 3
PRISONER AUTHORIZATION. Document filed by Michael J. Lee..(rdz)
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Filing 2
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Michael J. Lee..(rdz)
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Filing 1
COMPLAINT against Capt. John Doe, Carter, Guerra, Horton. Document filed by Mitchell Thompson, Terma Inkirby, Kevin Terry, Kenneth Watts, Darren Boyd, Luke Dihan, Michael J. Lee, Mejia Alejandro, Marquis Tanner, William Stevenson, Michael Blocert, William Daniel, Chibueze Ejiaku, Tyrefe Kelly, Daeshawn McCray, Lasalle Goring, Jason Young, Genghis Khan, Hassan Bility, Frankie Corchado, Rashawn Kingsberry, Andre Jones, Turner Turner-Hawkins, Tayquan Mosley, Gustave Brown, Maurice Pye, Sr..(rdz) Modified on 10/21/2021 (rdz).
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Case Designated ECF. (rdz)
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