Kelly v. Carter et al
Plaintiff: Tyrefe Kelly
Defendant: Warden Carter, Captain Guerra, Capt. John Doe and Captain Horton
Case Number: 1:2021cv08992
Filed: November 1, 2021
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Andrew L Carter
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 6, 2021 Opinion or Order Filing 8 INFORMATION PACKAGE MAILED to Tyrefe Kelly NYSID: 08817779H B & C: 1412101303 Vernon C. Bain Center 1 Halleck Street Bronx, NY 10474, at, on 12/6/2021 Re: #7 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)
December 6, 2021 Opinion or Order Filing 7 ORDER OF SERVICE: The Court directs the Clerk of Court to electronically notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that the following defendants waive service of summons: (1) C. Carter, the VCBC Warden; (2) Captain Horton, a VCBC Facility Storehouse Captain; and (3) Captain Guerra, a VCBC Housing Unit 3-AA Shift Supervisor. The Court also directs the Clerk of Court 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 Court further directs the Clerk of Court to mail a copy of this order to Plaintiff, together with an information package. An Amended Civil Rights Complaint form is attached to this Order. Waiver of Service due by 1/5/2022. (Signed by Judge Andrew L. Carter, Jr on 12/6/2021) (Attachments: #1 Supplement Amended Complaint form) (ate) Transmission to Pro Se Assistants for processing.
December 6, 2021 Opinion or Order Mailed a copy of #3 Complaint, #7 Order of Service, to New York City Law Department at 100 Church Street, New York, New York 10007. (aan)
December 3, 2021 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Unassigned is no longer assigned to the case..(wb)
December 3, 2021 Opinion or Order Magistrate Judge Gabriel W. Gorenstein 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)
December 2, 2021 Opinion or Order Filing 5 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 statements 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 he 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 his address changes, and the Court may dismiss the action if he fails to do so. (Signed by Judge Laura Taylor Swain on 12/2/2021) (vn) Transmission to Docket Assistant Clerk for processing.
November 3, 2021 Opinion or Order Mailed a copy of #1 Order to Tyrefe Kelly, 1412101303 at 1 Halleck Street, Bronx, NY 10474. (kh)
November 1, 2021 Opinion or Order Filing 4 PRISONER AUTHORIZATION. Document filed by Tyrefe Kelly..(rdz)
November 1, 2021 Opinion or Order Filing 3 COMPLAINT against Capt. John Doe, Carter, Guerra, Horton. Document filed by Tyrefe Kelly..(rdz)
November 1, 2021 Opinion or Order Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Tyrefe Kelly..(rdz)
November 1, 2021 Opinion or Order Filing 1 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. (Signed by Judge Laura Taylor Swain on 11/1/21) (rdz) Transmission to Docket Assistant Clerk for processing.
November 1, 2021 Opinion or Order Case Designated ECF. (rdz)

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Plaintiff: Tyrefe Kelly
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Defendant: Warden Carter
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Defendant: Captain Guerra
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Defendant: Capt. John Doe
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Defendant: Captain Horton
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