Osias et al v. Department of Corrections City of New York et al
| Ruddy Osias, Michael Guest, David Caraballo and Joseph Agnew |
| Department of Corrections City of New York, Vincent Schralda, Captain Reyez, Captain Hamlet, Warden Carter and City of New York |
| 1:2022cv00870 |
| February 1, 2022 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Laura Taylor Swain |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on June 7, 2023. A more recent docket listing may be available from PACER.
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| Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. Vincent Schralda waiver sent on 3/16/2022, answer due 5/16/2022; Reyez waiver sent on 3/16/2022, answer due 5/16/2022; Carter waiver sent on 3/16/2022, answer due 5/16/2022; Hamlet waiver sent on 3/16/2022, answer due 5/16/2022. Document filed by Vincent Schralda; Reyez; Carter; Hamlet..(Guillaume, Melissa) |
Filing 9
ORDER: This case has been assigned to me for all purposes. The parties should abide by this Court's Special Rules of Practice in Civil Pro Se Cases, which are attached to this Order. This case has been assigned to me for all purposes. It is hereby ORDERED that a conference will be held on April 27, 2022 at 4:30 p.m. The conference will be telephonic. Plaintiff, who is currently incarcerated, is proceeding pro se (without an attorney). For parties represented by counsel, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time. By the date of the initial pretrial conference, counsel for any represented party is required to register as a filing user on ECF. IT IS HEREBY ORDERED that the Warden or other official in charge of the Vernon C. Bain Center in Bronx, NY, or other facility in custody of Ruddy Osias, produce inmate Ruddy Osias, NYSID: 00016464N, to an office in the facility with a reasonable degree of privacy to enable him to participate in a court conference through means of a teleconference from the facility to the United States Courthouse, Southern District of New York, on April 27, 2022, commencing at 4:30 p.m. until completion. At the date and time set forth herein, counsel for the defendants shall place the call to the facility and, with all parties on the line, dial in to a teleconference number provided in an order issued by the Court at least 24 hours prior to the conference date. If this time and date presents an inconvenience, the Warden or the Warden's designee should promptly inform Chambers by calling (212) 805-0288. As further set forth in this Order. The clerk is directed to mail a copy of this order to the pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 3/1/2022) Initial Conference set for 4/27/2022 at 04:30 PM before Judge Lorna G. Schofield. (ks) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #9 Order for Initial Pretrial Conference, to Ruddy Osias, NYSID: 00016464N, DIN: 3492001672, VCBC, 1 Halleck Street, Bronx, NY 10474. (dsh) |
| Re-Mailed a copy of #2 Order 30 Days Other (case opening), #8 Information Package - Mailed, to Ruddy Osias NYSID: 00016464N DIN: 3492001672 VCBC 1 Halleck Street Bronx, NY 10474. (aan) |
| Received returned mail re: #2 Order 30 Days Other (case opening). Mail was addressed to Joseph Agnew, 14905728K/1412102789, Vernon C. Bain Center, 1 Halleck Street, Bronx, NY 10474 and was returned for the following reason(s): Return To Sender No Such Number Unable To Forward, DISCHARGED. (vn) |
| Received returned mail re: #2 Order 30 Days Other (case opening). Mail was addressed to Ruddy Osias, 00016464N/3492001692, VCBC, 1 Halleck Street, Bronx, NY 10474 and was returned for the following reason(s): Return To Sender No Such Number Unable To Forward, DISCHARGED. (vn) |
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Filing 8
INFORMATION PACKAGE MAILED to Ruddy Osias 00016464N/3492001692 VCBC 1 Halleck Street Bronx, NY 10474, at, on 2/17/2022 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)
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Filing 7
ORDER OF SERVICE: The Court dismisses Plaintiff's claims against "Department of Corrections, City of New York," and respectfully directs the Clerk of Court to add the City of New York as a defendant in this action. See Fed. R. Civ. P. 21. The Court also respectfully directs the Clerk of Court to notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that the City of New York, former DOC Commissioner Vincent Schiraldi, VCBC Correction Captain Reyez, VCBC Correction Captain Hamlet, and VCBC Warden Carter 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 Court further respectfully directs the Clerk of Court to mail a copy of this order to Plaintiff, together with an information package. Waiver of Service due by 3/18/2022. Party City of New York added. Party Department of Corrections City of New York terminated. (Signed by Judge Lorna G. Schofield on 2/16/2022) (mml) Transmission to Pro Se Assistants for processing.
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| Magistrate Judge Sarah Netburn 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) |
| NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Laura Taylor Swain is no longer assigned to the case..(bcu) |
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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 statements 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 he 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 his address changes, and the court may dismiss the action if he fails to do so. (Signed by Judge Laura Taylor Swain on 2/14/2022) (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 30 Days Other (case opening) to the following individuals at Vernon C. Bain Center, 1 Halleck Street, Bronx, NY 10474: Ruddy Osias, 00016464N/3492001692; Michael Guest, 05688980N/3491905972; David Caraballo, 02481972K/4412102168; and Joseph Agnew, 14905728K/1412102789. (kh) |
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Filing 2
ORDER: The Court severs from this action, under Rule 21 of the Federal Rules of Civil Procedure, the claims of Plaintiffs Guest, Caraballo, and Agnew. Plaintiff Osias will proceed as the sole plaintiff in this action, and he is directed, within 30 days, to either pay the $402 in fees to bring this action or complete, sign, and return the attached IFP application and prisoner authorization under this action's docket number, 1:22-CV-0870 (LTS). No summons shall issue at this time. If Plaintiff Osias complies with this order, this action shall be processed in accordance with the procedures of the Clerks Office. If Plaintiff Osias fails to comply with this order within the time allowed, the Court will dismiss this action. The Court directs the Clerk of Court to open three new separate civil actions with three new docket numbers for the claims of Plaintiffs Guest, Caraballo, and Agnew, and docket in each of those actions a copy of the complaint and this order. Once each new action is opened, the Court will issue orders directing Plaintiffs Guest, Caraballo, and Agnew to each either pay the fees to bring a separate action or complete, sign, and return an IFP application and prisoner authorization. The Court also directs the Clerk of Court to mail copies of this order to Plaintiffs Osias, Guest, Caraballo, and Agnew, and note service on the docket. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/2/22) (Attachments: #1 Attachment, #2 Attachment) (rdz) 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..(bcu) |
| Filing 1 COMPLAINT against Carter, Department of Corrections City of New York, Hamlet, Reyez. Document filed by David Caraballo, Michael Guest, Joseph Agnew, Ruddy Osias..(rdz) |
| Case Designated ECF. (rdz) |
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