Megginson v. Rikers Island Security of AMKC et al
| Michael E. Megginson |
| Rikers Island Security of AMKC, New York Department of Corrections, City of New York, Correction Officer Roomer, C.O. Roomer, Captain Cesar, Captain Christain and C.O. John Doe |
| 1:2022cv00051 |
| January 4, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Gabriel W Gorenstein |
| Alison J Nathan |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 23, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 15 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by City of New York..(Sherwood, Mary) |
| Filing 14 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by City of New York..(Sherwood, Mary) |
| Mailed a copy of #13 Order on Motion for Extension of Time, to Michael E. Megginson 241-210-2023 North Infirmary Command 15-00 Hazen Street East Elmhurst, NY 11370. (dsh) |
Filing 13
ORDER: granting #12 Letter Motion for Extension of Time. The Court grants the request to narrow the City's obligations under the Court's February 1, 2022 Order. The City is directed to provide the identity and service information of the John Doe defendant as well as the full name and service information of C.O. Roomer, Captain Cesar, and Captain Christain to plaintiff no later than May 2, 2022, and to file a letter with the Court (a) stating it has done so, (2) indicating that in the instant Order the Court stated that it would deem the existing amended complaint to substitute the named defendant for John Doe, and (3) stating whether any defendants will waive service. The time for any served defendant to answer is extended to May 23, 2022. The Clerk is requested to mail a copy of this Order to plaintiff. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/02/2022) (ama) Transmission to Docket Assistant Clerk for processing.
|
| Filing 12 LETTER MOTION for Extension of Time Respectfully Requesting the Court (1) Narrow the City's Obligations under the Court's February 1, 2022 Valentin Order and (2) Extend All Defendant's Time to Respond to Complaint Until 30 Days After the Remaining John Doe is Identified and Served addressed to Magistrate Judge Gabriel W. Gorenstein from Mary K. Sherwood dated March 2, 2022. Document filed by City of New York..(Sherwood, Mary) |
| Set/Reset Deadlines: Captain Cesar answer due 5/23/2022; Captain Christain answer due 5/23/2022; City of New York answer due 5/23/2022; John Doe answer due 5/23/2022; C.O. Roomer answer due 5/23/2022. (ama) |
|
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 Gabriel W. Gorenstein. (Signed by Judge Alison J. Nathan on 2/18/2022) (ate)
|
| Filing 10 AMENDED COMPLAINT, re: amending #2 Complaint against Captain Cesar, Captain Christain, City of New York, John Doe, C.O. Roomer with JURY DEMAND.Document filed by Michael E. Megginson. Related document: #2 Complaint.(sc) |
| Filing 9 NOTICE OF APPEARANCE by Mary Kathleen Sherwood on behalf of City of New York..(Sherwood, Mary) |
|
Filing 8
INFORMATION PACKAGE MAILED to Michael E. Megginson 241-210-2023 AMKC 18-18 Hazen St. East Elmhurst, NY 11370, at, on 2/1/2022 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)
|
|
Filing 7
ORDER OF SERVICE: The Court dismisses Plaintiff's claims against Rikers Island Security of AMKC and the New York City Department of Correction. See 28 U.S.C. 1915(e)(2)(B)(ii). The Clerk of Court is directed to add as defendants the City of New York and Correction Officer Roomer, under Fed. R. Civ. P. 21. The Clerk of Court is also 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 City of New York and Correction Officer Roomer waive service of summons. The Clerk of Court is further directed to mail a copy of this order and the complaint to the 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 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 directed to mail a copy of this order to Plaintiff, together with an information package. SO ORDERED. ( Waiver of Service due by 3/3/2022.), City of New York and Correction Officer Roomer added. New York Department of Corrections and Rikers Island Security of AMKC terminated. (Signed by Judge Alison J. Nathan on 1/31/2022) (tg) Transmission to Docket Assistant Clerk for processing.
|
| Mailed a copy of #2 Complaint, #7 Order of Service to New York City Law Department at: 100 Church Street, New York, New York, 10007. (aan) |
| NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Laura Taylor Swain is no longer assigned to the case..(bcu) |
| 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. (bcu) |
|
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 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 1/24/2022) (vn) Transmission to Docket Assistant Clerk for processing.
|
| Filing 4 PRISONER AUTHORIZATION. Document filed by Michael E. Megginson.(sc) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (aea) |
| Mailed a copy of #3 Order Directing Prisoner Authorization to Michael E. Megginson, 241-210-2023 at AMKC, 18-18 Hazen St., East Elmhurst, NY 11370. (kh) |
|
Filing 3
ORDER DIRECTING PRISONER AUTHORIZATION: Plaintiff is directed to submit a completed and signed Prisoner Authorization Form 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). Prisoner Authorization Form due by 2/4/2022. (Signed by Judge Laura Taylor Swain on 1/5/22) (Attachments: #1 Supplement plra) (bl) Transmission to Docket Assistant Clerk for processing.
|
| Filing 2 COMPLAINT against New York Department of Corrections, Rikers Island Security of AMKC. Document filed by Michael E. Megginson..(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Michael E. Megginson..(rdz) |
| Case Designated ECF. (rdz) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
