Osias v. Department of Correction, et al
| Ruddy Osias |
| Department of Correction City of New York, Warden Kaputo, Mulling, High, Department of Correction, Security Rivera and City of New York |
| 1:2022cv00869 |
| February 1, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Sarah L Cave |
| Paul A Engelmayer |
| Laura Taylor Swain |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on December 20, 2022. A more recent docket listing may be available from PACER.
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| Filing 12 LETTER from R. Osias, dated 3/21/22 re: I request copies of these discovery requests before receiving the responses. I do not have access to the websites. Document filed by Ruddy Osias.(sc) |
| Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. City of New York waiver sent on 3/24/2022, answer due 5/23/2022. Document filed by City of New York..(Kassab, Seema) |
| Filing 10 NOTICE OF APPEARANCE by Seema Kassab on behalf of City of New York..(Kassab, Seema) |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Local Rule 33.2 Interrogatories & Requests for Production of Documents to Ruddy Osias, 00016464N/3492001692 at VCBC, 1 Halleck Street, Bronx, NY 10474 on 3/24/2022. (sha) |
| Request for Copy of Discovery packet Received: Re #12 Letter. Request for Discovery packet from R. Osias received on 3/24/22. Transmission to Pro Se Assistants for processing. (sc) |
Filing 9
INFORMATION PACKAGE MAILED to Ruddy Osias, 00016464N/3492001692, at VCBC, 1 Halleck Street, Bronx, NY 10474, on 3/15/2022 Re: #8 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 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. (sha)
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Filing 8
ORDER: Osias's claims against the New York City Department of Correction ("DOC") must be dismissed. As an agency of the City of New York, the DOC lacks the capacity to be sued in its own name and must instead be sued in the name of the City of New York. The Clerk of Court is respectfully 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 the remaining defendants waive service of summons. The Clerk of Court is also respectfully directed to mail a copy of this Order to Osias, together with an information package. 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 in forma pauperis 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). SO ORDERED. Waiver of Service due by 4/14/2022. (Signed by Judge Paul A. Engelmayer on 3/15/2022) (jca) Transmission to Pro Se Assistants for processing.
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Filing 7
ORDER OF REFERENCE TO A 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 Sarah L Cave. (Signed by Judge Paul A. Engelmayer on 2/28/2022) (kv)
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| Case Designated Local Rule 33.2. (keb) |
| Magistrate Judge Sarah L. Cave 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) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Laura Taylor Swain is no longer assigned to the case..(wb) |
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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 2/25/2022) (vn) Transmission to Docket Assistant Clerk for processing.
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| Filing 4 PRISONER AUTHORIZATION. Document filed by Ruddy Osias.(sc) |
| Filing 3 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Ruddy Osias.(sc) |
| Mailed a copy of #2 Order Directing Payment of Fee or IFP Application & Prisoner Authorization to Ruddy Osias, 00016464N/3492001692 at VCBC, 1 Halleck Street, Bronx, NY 10474. (kh) |
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Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization 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 3/3/2022. In Forma Pauperis (IFP) Application due by 3/3/2022. Prisoner Authorization Form due by 3/3/2022. (Signed by Judge Laura Taylor Swain on 2/1/2022) (Attachments: #1 IFP Application, #2 Prisoner Authorization) (keb) Transmission to Docket Assistant Clerk for processing.
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| Filing 1 COMPLAINT against Department of Correction City of New York, High, Kaputo, Mulling. Document filed by Ruddy Osias..(rdz) |
| Case Designated ECF. (rdz) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(bcu) |
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