Mitchell et al v. JPay, LLC et al
| Dontie S. Mitchell |
| JPay, LLC, B. McCloskey and Sgt. D. Pauselius |
| 7:2021cv09070 |
| November 3, 2021 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 27, 2023. A more recent docket listing may be available from PACER.
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Filing 28
INFORMATION PACKAGE MAILED to Dontie S. Mitchell 12 Tyler Street 1st Floor Troy, NY 12180, at, on 11/30/2021 Re: #26 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 flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), 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, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (aan)
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Filing 27
SUMMONS ISSUED as to JPay, LLC, B. McCloskey, D. Pauselius. (aan)
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 11/30/2021 Re: Judge Nelson Stephen Roman #26 Order of Service. The following document(s) were enclosed in the Service Package: Amended Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) JPay, LLC, B. McCloskey, D. Pauselius. (aan)
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Filing 26
ORDER OF SERVICE: The Clerk of Court is further instructed to issue summonses, complete the USM-285 forms with the addresses for JPay, LLC, B. McCloskey, and Sergeant D. Pauselius, and deliver to the U.S. Marshals Service all documents necessary to effect service. The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. (Signed by Judge Nelson Stephen Roman on 11/24/2021) (ate)
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Magistrate Judge Judith C. McCarthy 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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NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Unassigned is no longer assigned to the case..(wb)
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Filing 24
CASE TRANSFERRED IN from the United States District Court - District of New York Northern; Case Number: 9:20-cv-01407. Original file certified copy of transfer order and docket entries received. (sjo)
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Filing 23
DECISION AND ORDER: It is hereby ORDERED that the Amended Complaint (Dkt. No. #21 ) is accepted for filing and is deemed the operative pleading; and it is further ORDERED that the Clerk of the Court shall amend the docket report for this action as follows: (1) add JPay, McKoy, Venettozzi, Miller, Tynon, Mulcahy, Walker, Debejian, CHO Jane Doe, ORC John Doe #1, McCloskey, Pauselius, Cucchi, John Doe #4,and DOCCS John Doe #5 as defendants; and (2) terminate Cuomo, SORC Colbert, C.O. Brown, C.O. Mead, C.O. Smallbone, C.O. Barshaw, C.O. Z., and C.O. Jane Doe as defendants; and it is further ORDERED, that pursuant to Fed. R. Civ. P. 21 and 28 U.S.C. 1404(a), the following defendants and all claims against them, are severed and transferred to the Southern District of New York: McCloskey, Pauselius, and JPay; and it is further ORDERED, that no ruling is made as to the sufficiency of the Complaint with respect to the claims that have been severed and transferred to the Southern District, leaving that determination to the Southern District of New York; and it is further ORDERED, that the Clerk shall advise the Clerk of the Southern District of New York,in writing, of the entry of this Decision and Order and provide the Clerk with a certified copy of this Decision and Order and of the docket report for this action, together with all information necessary for the Clerk of the Southern District of New York to electronically access the documents filed in this action; and it is further ORDERED, that the fourteen (14) day waiting period provided for in Local Rule 83.6 is hereby waived; and it is further ORDERED, that the Clerk shall remove the following defendants from the docket: McCloskey, Pauselius, and JPay; and it is further ORDERED that the Amended Complaint is DISMISSED without leave to replead in accordance with 28 U.S.C. 1915(e)(2)(B)(ii) and 28 U.S.C. 1915A(b)(1); and it is further ORDERED that Plaintiff's motion for an ECF login and password (Dkt. No. #22 ) is DENIED as moot; and it is further ORDERED that the Clerk shall enter judgment accordingly; and it is further ORDERED that the Clerk of the Court shall serve a copy of this Decision and Order on Plaintiff. Signed by Senior Judge Thomas J. McAvoy on November 3, 2021. (Copy served via regular and certified mail on plaintiff).(rep) [Transferred from New York Northern on 11/3/2021.]
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Case Designated ECF. (sjo)
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Filing 22
Pro Se MOTION to Obtain ECF Login and Password, filed by Dontie S. Mitchell. {Filed at the counter in Albany}.(rep) [Transferred from New York Northern on 11/3/2021.]
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Filing 21
AMENDED COMPLAINT WITH JURY DEMAND: Filed by Dontie S. Mitchell. (Attachments: #1 Mailing Envelope)(rep) [Transferred from New York Northern on 11/3/2021.]
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Filing 20
LETTER/NOTICE OF CHANGE OF ADDRESS: Filed by Dontie S. Mitchell. Effective Date: 9/9/2021. Old Address: 55 Oakwood Street, 1st Floor, Troy, NY 12180. New Address: 12 Tyler Street, 1st Floor, Troy, NY 12180. (Attachments: #1 Mailing Envelope)(rep) Modified on 9/14/2021 (rep, ). [Transferred from New York Northern on 11/3/2021.]
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FILING FEE RECEIVED: $ 350, receipt number SYR059788 as to Dontie Mitchell. (rep) Modified on 10/18/2021 (rep, ). [Transferred from New York Northern on 11/3/2021.]
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Filing 19
TEXT ORDER: Plaintiff's letter motion (Dkt. No. #18 ) is granted in part and denied in part. The deadline for plaintiff's submission of an amended complaint is reset to September 10, 2021. No further extensions of this deadline will be granted but for good cause shown. As set forth in the Court's May 20, 2021 Decision and Order, plaintiff's failure to file an amended complaint will result in the dismissal of this action without further order of the Court. Plaintiff's motion is denied in all other respects. Signed by Senior Judge Thomas J. McAvoy on August 10, 2021. (Copy served via regular mail on the plaintiff).(rep) [Transferred from New York Northern on 11/3/2021.]
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Filing 18
LETTER MOTION: Filed by Dontie S. Mitchell, dated June 15, 2021, requesting an extension of time and for reconsideration of the #15 Order. {Mailing envelope attached}. (rep) [Transferred from New York Northern on 11/3/2021.]
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Filing 17
MAIL RETURNED UNDELIVERABLE: The #15 Order that was sent to Ismael G. Reyes at Marcy Correctional Facility was returned undeliverable. Envelope marked with the address for Greene Correctional Facility. Envelope also marked: "Return to Sender - No Mail Receptacle." {A review of NYSDOCCS website indicates that the plaintiff is at Greene Correctional Facility. The #15 Order is being re-sent to the plaintiff at that address}. (rep) [Transferred from New York Northern on 11/3/2021.]
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Filing 16
MAIL RETURNED UNDELIVERABLE: The #15 Order that was sent to Gyvon Roberts at Upstate Correctional Facility was returned undeliverable. Envelope marked with the address for Attica Correctional Facility. Envelope also marked: "Return to Sender - Not Deliverable as Addressed - Unable to Forward." {A review of NYSDOCCS website indicates that the plaintiff is currently housed at Attica Correctional Facility. The clerk is re-mailing the #15 Order to Roberts at that address}. (rep)[Transferred from New York Northern on 11/3/2021.]
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Filing 15
DECISION AND ORDER: It is hereby ORDERED that Reyes and Roberts and are terminated as plaintiffs herein for their failure to comply with the January Order. The Clerk shall amend the docket accordingly; and it is further ORDERED that if Mitchell wishes to proceed with this action, he must file an Amended Complaint as set forth above within thirty (30) days from the date of the filing of this Decision and Order; and it is further ORDERED that if Mitchell timely files an Amended Complaint, this matter be returned to the Court for further review; and it is further ORDERED that if Mitchell fails to timely file an Amended Complaint as directed above, the Clerk shall enter judgment indicating that this action is DISMISSED without prejudice without further order of this Court pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b)(1) for failure to state a claim upon which relief may be granted and for failure to comply with this Decision and Order. In that event, the Clerk is directed to close this case; and it is further ORDERED that Mitchell's motion for the appointment of counsel (Dkt. No. #4 ) is DENIED; and it is further ORDERED that Mitchell's second motion to communicate (Dkt. No. #14 ) is DENIED as moot; and it is further ORDERED that the Clerk of the Court shall serve a copy of this Decision and Order on Plaintiffs. Signed by Senior Judge Thomas J. McAvoy on May 20, 2021. {Notice of Compliance Deadline 6/21/2021, Case Review Deadline 7/21/2021} (Copy served via regular mail on plaintiffs)(rep) [Transferred from New York Northern on 11/3/2021.]
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Filing 14
SECOND LETTER MOTION: Filed by Dontie S. Mitchell, requesting to communicate with the two co-plaintiff's in this case, or in the alternative, to appoint counsel. (Attachments: #1 Exhibits)(rep) Modified on 5/19/2021 (rep, ). [Transferred from New York Northern on 11/3/2021.]
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Filing 13
DECISION AND ORDER: It is hereby ORDERED that Mitchell's motion for an extension of time on behalf of co-plaintiffs (Dkt. No. #10 ) is DENIED; and it is further ORDERED that Mitchell's motion for copies (Dkt. No. #11 ) is GRANTED in part and DENIED in part; and it is further ORDERED that Mitchell's motion for permission to communicate with co-plaintiffs (Dkt. No. #11 ) is DENIED; and it is further ORDERED that Roberts' motion for an extension of time (Dkt. No. #12 ) is GRANTED. The Clerk of the Court is directed to provide a courtesy copy of the Complaint and the January Order to Roberts. The Clerk shall also serve a Rule 11 affidavit, IFP Application, and Inmate Authorization Form on Roberts. Reyes and Roberts are granted an extension of time to comply with the January Order until April 22, 2021; and it is further ORDERED that the Clerk of the Court shall serve a copy of this Decision and Order on parties in accordance with the Local Rules. Signed by Magistrate Judge Daniel J. Stewart on March 23, 2021. (Copy served via regular mail on the plaintiffs as directed).(rep) [Transferred from New York Northern on 11/3/2021.]
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Filing 12
LETTER MOTION/NOTICE OF CHANGE OF ADDRESS: Filed by Gyvon Roberts, dated February 1, 2021, requesting assistance from the Court. {Plaintiff is no longer at Marcy Correctional Facility and is now housed at Upstate Correctional Facility}. (rep) [Transferred from New York Northern on 11/3/2021.]
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Filing 11
LETTER MOTION: Filed by Dontie S. Mitchell in support of his #10 Letter Motion and requesting a Court Order. {Mailing envelope attached}. (rep) [Transferred from New York Northern on 11/3/2021.]
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Filing 10
LETTER MOTION: Filed by Dontie S. Mitchell, requesting an extension of time and assistance from the Court regarding copies. {Mailing envelope attached}. (rep) [Transferred from New York Northern on 11/3/2021.]
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Filing 9
DECISION AND ORDER: It is hereby ORDERED that Mitchell's IFP Application (Dkt. No. #2 ) is DENIED as moot; and it is further ORDERED that Mitchell's IFP Application (Dkt. No. #6 ) is GRANTED. It is further ORDERED that Reyes and Roberts must each, within thirty (30) days from the date of the filing of this Decision and Order (1) either (a) pay the Court's filing fee of four hundred and two dollars ($402.00) in full or (b) submit a completed, signed, and certified IFP Application and a signed inmate authorization form reflecting his consent to pay the $350.00 filing fee over time, in installments, and (2) execute and file an affidavit pursuant to Federal Rule of Civil Procedure 11; and it is further ORDERED that if, within the time period specified above, Reyes or Roberts, either fail to comply with the terms of this Decision and Order delineated above, each non-compliant party will be dismissed from this action without prejudice without further Order of this Court; and it is further ORDERED that the Clerk shall serve a copy of this Decision and Order on the plaintiffs consistent with the directives in the Order. The Clerk shall also serve a Rule 11 affidavit, IFP Application, and Inmate Authorization Form on Reyes and Roberts. Signed by Senior Judge Thomas J. McAvoy on January 11, 2021. (Attachments: #1 Rule 11 Affidavit for Plaintiff Reyes, #2 Rule 11 Affidavit for Plaintiff Roberts) (Copy served via regular mail on the plaintiffs as noted herein)(rep) [Transferred from New York Northern on 11/3/2021.]
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Set Deadlines: Notice of Compliance Deadline 2/11/2021; Case Review Deadline 3/11/2021. (rep) [Transferred from New York Northern on 11/3/2021.]
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Notification to Superintendent of Filing - Provided Superintendent at Upstate Correctional Facility with notice of instant action and a copy of Plaintiff's #3 Inmate Authorization Form. USDC/NYND Finance Dept notified. (rep) [Transferred from New York Northern on 11/3/2021.]
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Filing 8
TEXT ORDER Re: #7 : Plaintiff's Letter Request for copies of the case docket and certain docket entries in this case, is granted insofar as the Clerk is directed to provide plaintiff with a page count and cost of obtaining the copies, instructions on the proper form of payment for said copies, and a copy of the docket sheet. Authorized by Magistrate Judge Daniel J. Stewart on December 14, 2020. (Copy served via regular mail on the plaintiff, along with a copy of the docket sheet indicating a page count for each document and a copy request form).(rep) [Transferred from New York Northern on 11/3/2021.]
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Filing 7
LETTER MOTION/NOTICE OF CHANGE OF ADDRESS: Filed by Dontie S. Mitchell, dated December 8, 2020, requesting an estimate for the cost of documents. Plaintiff's old address was Marcy Correctional Facility. Plaintiff's new address is Upstate Correctional Facility. (rep) [Transferred from New York Northern on 11/3/2021.]
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Filing 6
MOTION: For Leave to Proceed in forma pauperis, filed by Dontie S. Mitchell. (Attachments: #1 Cover Letter and Mailing Envelope) (rep) [Transferred from New York Northern on 11/3/2021.]
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Filing 5
Letter in support of the #2 Motion for Leave to Proceed in forma pauperis and the #4 Motion for the appointment of pro bono class counsel filed by Dontie S. Mitchell. (Mailing envelope included) (meb) Modified on 11/25/2020 to correct a spelling error (meb). [Transferred from New York Northern on 11/3/2021.]
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Filing 4
MOTION: For the appointment of pro bono class counsel, filed by Dontie S. Mitchell. {Mailing envelope attached}. (rep) [Transferred from New York Northern on 11/3/2021.]
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Filing 3
INMATE AUTHORIZATION FORM: Filed by Dontie S. Mitchell. (rep) [Transferred from New York Northern on 11/3/2021.]
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Filing 2
MOTION: For Leave to Proceed in forma pauperis, filed by Dontie S. Mitchell.(rep) [Transferred from New York Northern on 11/3/2021.]
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Filing 1
COMPLAINT: Against Anthony J. Annucci, Barshaw, Brown, C.O. Z, Colbert, Andrew M. Cuomo, Jane Doe #1, John Doe #1, John Doe #2, John Doe #3, Mead, Patrick D. Reardon, and Smallbone. Filed by Ismael G. Reyes, Dontie S. Mitchell, and Gyvon Roberts. {The clerk notes that the Complaint is not signed by Reyes or Roberts}. (Attachments: #1 Civil Cover Sheet, #2 Cover Letter, #3 Mailing Envelope)(rep) [Transferred from New York Northern on 11/3/2021.]
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