Michel v. Orange County, N.Y. et al
| Garry Michel |
| Orange County, N.Y., Orange County Jail, Sheriff Carl E. DuBois, Sargeant Colby, Wellpath Medical Services, Sargeant Simarilli, John Doe, Jane Doe, Officer C. Wetzel, Chief Deputy Dennis Barry, Anthony Mele, Kenneth T. Jones, Anthony J. Weed, Dr. George and P. Brahm |
| 7:2021cv09406 |
| November 12, 2021 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 11, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 AMENDED COMPLAINT, re: amending #2 Complaint, against Dennis Barry, P. Brahm, Colby, Jane Doe, John Doe, Carl E. DuBois, George, Kenneth T. Jones, Anthony Mele, Orange County, N.Y., Simarilli, Anthony J. Weed, Wellpath Medical Services, C. Wetzel with JURY DEMAND.Document filed by Garry Michel. Related document: #2 Complaint.(sc) |
| Filing 9 CIVIL COVER SHEET filed. (sc) (Main Document 9 replaced on 12/21/2021) (sc). |
| Filing 8 AMENDED PRISONER AUTHORIZATION. Document filed by Garry Michel.(sc) Modified on 12/21/2021 (sc). |
| Filing 7 AMENDED APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Garry Michel.(sc) |
| Prisoner Trust Fund Account Statement by Garry Michel. (vn) |
Filing 6
ORDER TO AMEND: The Court dismisses Plaintiff's claims against the Orange County Jail. See 28 U.S.C. 1915(e)(2)(B)(ii). Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 7:21-CV-9406 (CS). An Amended Civil Rights Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the complaint will be dismissed for failure to state a claim upon which relief may be granted. See id. The Court certifies under 28 U.S.C. l 915(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). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. Orange County Jail terminated. (Signed by Judge Cathy Seibel on 11/23/2021) (mml) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #6 Order 60 Days Amended Complaint (case opening),Add and Terminate Parties, to Garry Michel, DIN: 21A1852 at Auburn Correctional Facility, P.O. Box 618, Auburn, NY 13024-9000. (dsh) |
| Magistrate Judge Andrew E. Krause 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) |
| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Unassigned is no longer assigned to the case. (aea) |
| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Auburn Correctional Facility, 135 State Street, Auburn, NY 13024-9000. (dsh) |
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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 11/15/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Garry Michel. (sac) |
| Filing 2 COMPLAINT against Dennis Barry, Colby, Jane Doe, John Doe, Carl E. DuBois, Kenneth T. Jones, Anthony Mele, Orange County Jail, Orange County, N.Y., Simarilli, Anthony J. Weed, Wellpath Medical Services, C. Wetzel. Document filed by Garry Michel. (Attachments: #1 Civil Cover Sheet) (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Garry Michel. (sac) |
| Case Designated ECF. (sac) |
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