Thompson v. Department of Correction et al
| Kwaine Thompson |
| Department of Correction, Warden Renee, Capt. Carter and City of New York |
| 1:2021cv10371 |
| December 6, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| 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 April 3, 2024. A more recent docket listing may be available from PACER.
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Filing 16
WAIVER OF SERVICE RETURNED EXECUTED. Carter waiver sent on 1/28/2022, answer due 3/29/2022; Renee waiver sent on 1/28/2022, answer due 3/29/2022. Document filed by Carter; Renee..(Richardson, Lisa)
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Filing 15
WAIVER OF SERVICE RETURNED EXECUTED. Department of Correction waiver sent on 1/27/2022, answer due 3/28/2022; City of New York waiver sent on 1/27/2022, answer due 3/28/2022. Document filed by Department of Correction; City of New York..(Thomas, Copatrick)
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Filing 14
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 must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses. Parties and counsel are cautioned as further set forth in this Order. PLEASE BE AWARE THAT, FOR THE DURATION OF THE COVID-19 NATIONAL EMERGENCY, UNLESS OTHERWISE ORDERED BY THE COURT: Conferences and Hearings. Court conferences and hearings may be conducted by teleconference, videoconference, or in person. Teleconferences are held on the Courts AT&T line. If a teleconference is scheduled, the parties are directed to call (888) 557-8511 and enter the access code 7746387 a few minutes before the scheduled time. Videoconferences are held using the Court's videoconferencing technology (Microsoft Teams) or (with the prior approval of the Court) such alternative videoconferencing technology as the parties agree upon and arrange. If the Court's technology is used, the Court will provide the link and further instructions in an email to counsel closer to the date of the conference. Please treat teleconferences and videoconferences as you would treat a public court appearance. If a conference or hearing in another matter is ongoing, please be silent (mute your line) until your case is called. In person conferences are held in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York. Remote Depositions. 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. This Order does not dispense with the requirements set forth in Fed. R. Civ. P. 30(b)(5), including the requirement that, unless the parties stipulate otherwise, the deposition be "conducted before an officer appointed or designated under Rule 28," and that the deponent be placed under oath by that officer. For avoidance of doubt, a deposition will be deemed to have been conducted "before" an officer so long as that officer attends the deposition via the same remote means (e.g., telephone conference call or video conference) used to connect all other remote participants, and so long as all participants (including the officer) can clearly hear and be heard by all other participants. The Clerk of Court is respectfully directed to mail a copy of this Order to the plaintiff. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/4/22) (yv) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #14 Order, to Kwaine Thompson, 349-19-01450 at G.R.V.C., 09-09 Hazen Street, East Elmhurst, NY 11370. (dsh)
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Filing 13
INFORMATION PACKAGE MAILED to Kwaine Thompson 349-19-01450 G.R.V.C. 09-09 Hazen Street East Elmhurst, NY 11370, at, on 1/3/2022 Re: #12 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 12
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, pursuant to 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 1/28/2022. (Signed by Judge Alison J. Nathan on 12/28/2021) (vfr) Transmission to Pro Se Assistants for processing.
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Filing 11
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. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/28/2021) (vfr)
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NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Laura Taylor Swain is no longer assigned to the case. (aea)
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Magistrate Judge Barbara C. Moses 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 9
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 12/21/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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Filing 8
DECLARATION of Kwaine Thompson re: #5 Order. Document filed by Kwaine Thompson. (sc)
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Filing 7
APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Kwaine Thompson.(sc)
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Filing 6
ORDER DIRECTING PAYMENT OF FEES OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 1/6/2022. In Forma Pauperis (IFP) Application due by 1/6/2022. (Signed by Judge Laura Taylor Swain on 12/7/2021) (Attachments: #1 Supplement IFP application, #2 Supplement Declaration) (scn) Transmission to Docket Assistant Clerk for processing.
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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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Mailed a copy of #5 Order and the docket sheet, to Kwaine Thompson, 349-19-01450 at G.R.V.C., 09-09 Hazen Street, East Elmhurst, NY 11370. (dsh)
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Mailed a copy of #6 Order Directing Payment of Fee or IFP Application, to Kwaine Thompson, 349-19-01450 at G.R.V.C., 09-09 Hazen Street, East Elmhurst, NY 11370. (Attachments: # 1 Supplement IFP application, # 2 Supplement Declaration) (dsh)
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Filing 5
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. (Signed by Judge Laura Taylor Swain on 12/6/21) (rdz) Transmission to Docket Assistant Clerk for processing.
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Filing 4
REQUEST TO PROCEED IN FORMA PAUPERIS (Trevor Forrest). Document filed by Kwaine Thompson..(rdz)
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Filing 3
PRISONER AUTHORIZATION. Document filed by Kwaine Thompson..(rdz)
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Filing 2
COMPLAINT against Carter, City of New York, Department of Correction, Renee. Document filed by Kwaine Thompson..(rdz)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Kwaine Thompson..(rdz)
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Case Designated ECF. (rdz)
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