Forrest v. Department of Correction et al
| Trevor Forrest and Kwaine Thompson |
| Department of Correction, Warden Renee, Captain Carter and City of New York |
| 1:2021cv10152 |
| November 30, 2021 |
| US District Court for the Southern District of New York |
| Barbara C Moses |
| Alison J Nathan |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 5, 2023. A more recent docket listing may be available from PACER.
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Filing 21
ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement, pursuant to 28 U.S.C. 636(b)(1)(A). All pretrial motions and applications, including those related to scheduling and discovery (but excluding motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification under Fed. R. Civ. P. 23) must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases and Emergency Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses. Parties and counsel are cautioned: All discovery must be initiated in time to be concluded by the close of discovery set by the Court. If you are aware of any party or attorney who should receive notice in this action, other than those currently listed on the docket sheet, please notify Courtroom Deputy Kevin Snell at (212) 805-0228 immediately. All court conferences and hearings will be conducted by teleconference. Please treat the teleconference as you would treat a public court appearance. Pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), all depositions in this action may be taken via telephone, videoconference, or other remote means, and may be recorded by any reliable audio or audiovisual means. The Clerk of Court is respectfully directed to mail a copy of this Order to the plaintiff. (And as further set forth herein.) SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/28/2022) (jca) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #21 Order, to Trevor Forrest, 349-20-02023 at G.R.V.C., 09-09 Hazen Street, East Elmhurst, NY 11370. (dsh)
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Filing 20
WAIVER OF SERVICE RETURNED EXECUTED. City of New York waiver sent on 1/27/2022, answer due 3/28/2022; Department of Correction waiver sent on 1/27/2022, answer due 3/28/2022. Document filed by City of New York; Department of Correction..(Thomas, Copatrick)
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Filing 19
WAIVER OF SERVICE RETURNED EXECUTED. Renee waiver sent on 1/18/2022, answer due 3/21/2022; Carter waiver sent on 1/18/2022, answer due 3/21/2022. Document filed by Renee; Carter..(Richardson, Lisa)
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Filing 18
LETTER from Trevor Forrest, re: Trevor Forrest and Kwaine Thompson are under religious attack by the American Government etc. In passing the Relgious Freedom & Restoration Act, the U.S. Congress restricted the ability of Federal Prison Wardens to substantially burden the sincerely-held religious beliefs of inmates etc. Accordingly, the Court finds that the Warden's policy prohibiting daily group prayer by Muslim inmates violates RFRA. Document filed by Trevor Forrest.(sc)
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Filing 17
AMENDED ORDER REFERRING CASE TO 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 Barbara C. Moses. The Clerk of Court is respectfully directed to close the referral order at Dkt. No. 15, which was entered in error. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/28/2021) (vfr)
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Filing 16
INFORMATION PACKAGE MAILED to Trevor Forrest 349-20-02023 G.R.V.C. 09-09 Hazen Street East Elmhurst, NY 11370, at, on 12/28/2021 Re: #14 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 15
ORDER REFERRING CASE TO 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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Motion Dkt. No. 19 referred to Magistrate Judge Barbara C. Moses. Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Alison J. Nathan on 12/27/2021) (vfr)
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Filing 14
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 Warden Renee, Captain Carter, and the City of New York waive service of summons. 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). The Clerk of Court is further directed to mail a copy of this order to Plaintiff together with an information package. SO ORDERED. Waiver of Service due by 1/26/2022. (Signed by Judge Alison J. Nathan on 12/27/2021) (vfr) Transmission to Pro Se Assistants for processing.
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NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Barbara C. Moses. Please note that this is a reassignment of the designation only..(bcu)
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Filing 13
DECLARATION of Kwaine Thompson re: #7 Order on Application for the Court to Request Counsel. Document filed by Kwaine Thompson. (sc)
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Filing 12
APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Kwaine Thompson.(sc)
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Magistrate Judge Debra C. Freeman 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. (bcu)
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NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Laura Taylor Swain is no longer assigned to the case..(bcu)
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Filing 10
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 12/17/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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Filing 9
DECLARATION of Trevor Forrest re: #7 Order on Application for the Court to Request Counsel. Document filed by Trevor Forrest. (sc)
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Filing 8
APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Trevor Forrest.(sc)
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Filing 7
ORDER: The Court severs the claims of Trevor Forrest and Kwaine Thompson under Fed. R. Civ. P. 21. Trevor Forrest will proceed as the sole plaintiff in this action. Trevor Forrest is directed to sign and return the attached declaration form and IFP application under this docket number,21-CV-10152 (LTS). The motion for pro bono counsel is denied without prejudice, and the Clerk of Court is directed to terminate it. (ECF 4.) The Clerk of Court is further directed to open a separate civil action with a new docket number for Plaintiff Kwaine Thompson. A copy of the complaint, the two deficient IFP applications, and Thompson's prisoner authorization (ECF 1, 2, 5, 6) and this order shall be docketed in the new case. Once the new case is opened, the Court will direct Kwaine Thompson to submit an IFP application and declaration form establishing his intent to proceed as a plaintiff. The Clerk of Court is directed to mail a copy of this order to Trevor Forrest and Kwaine Thompson and note service on the docket. SO ORDERED. denying without prejudice #4 Application for the Court to Request Counsel. (Signed by Judge Laura Taylor Swain on 12/6/21) (rdz) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #7 Order on Application for the Court to Request Counsel, to Trevor Forrest, 349-20-02023, G.R.V.C., 09-09 Hazen Street, East Elmhurst, NY 11370; Kwaine Thompson, 349-19-01450, G.R.V.C., 09-09 Hazen Street, East Elmhurst, NY 11370. (dsh)
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(wb)
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Filing 6
PRISONER AUTHORIZATION. Document filed by Kwaine Thompson..(rdz)
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Filing 5
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Kwaine Thompson..(rdz)
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Filing 4
APPLICATION for the Court to Request Counsel. Document filed by Trevor Forrest, Kwaine Thompson..(rdz)
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Filing 3
PRISONER AUTHORIZATION. Document filed by Trevor Forrest..(rdz)
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Filing 2
COMPLAINT against Carter, City of New York, Department of Correction, Renee. Document filed by Trevor Forrest, Kwaine Thompson..(rdz)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Trevor Forrest.(rdz) Modified on 12/1/2021 (rdz).
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Case Designated ECF. (rdz)
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