Guest v. Department of Corrections City of New York et al
| Michael Guest |
| Department of Corrections City of New York, Vincent Schralda, Captain Reyez, Captain Hamlet, Warden Carter and City of New York |
| 1:2022cv00972 |
| February 2, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Mary Kay Vyskocil |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 9
INFORMATION PACKAGE MAILED to Michael Guest 05688980N/3491905972 Vernon C. Bain Center 1 Halleck Street Bronx, NY 10474, at, on 3/24/2022 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, 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 8
ORDER OF SERVICE: The Court dismisses Plaintiff's claims against "Department of Corrections, City of New York," and directs the Clerk of Court to substitute the City of New York as a defendant in this action. See Fed. R. Civ. P. 21. The Court also 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 City of New York, former DOC Commissioner Vincent Schiraldi, VCBC Warden Carter, and VCBC Correction Captains Reyez and Hamlet 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 directs the Clerk of Court to mail a copy of this order to Plaintiff, together with an information package. SO ORDERED. ( Waiver of Service due by 4/22/2022.), CITY OF NEW YORK added. Department of Corrections City of New York terminated. (Signed by Judge Mary Kay Vyskocil on 3/23/2022) (tg) Transmission to Pro Se Assistants for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Laura Taylor Swain is no longer assigned to the case. (aea) |
| 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. (aea) |
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Filing 6
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 3/4/2022) (vn) Transmission to Docket Assistant Clerk for processing.
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| Filing 4 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Michael Guest.(sc) |
| Filing 5 PRISONER AUTHORIZATION. Document filed by Michael Guest.(sc) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(bcu) |
| Mailed a copy of #3 Order Directing Payment of Fee or IFP Application & Prisoner Authorization to Michael Guest, 05688980N/3491905972 at Vernon C. Bain Center, 1 Halleck Street, Bronx, NY 10474. (kh) |
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Filing 3
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 3/7/2022. In Forma Pauperis (IFP) Application due by 3/7/2022. Prisoner Authorization Form due by 3/7/2022. (Signed by Judge Laura Taylor Swain on 2/3/2022) (Attachments: #1 prisoner authorization, #2 IFP Application) (keb) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #1 Order 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) |
| Filing 2 COMPLAINT against Carter, Department of Corrections City of New York, Hamlet, Reyez, Vincent Schralda. Document filed by Michael Guest..(rdz) |
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Filing 1
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 Exhibit, #2 Exhibit) (rdz) Transmission to Docket Assistant Clerk for processing.
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| Case Designated ECF. (rdz) |
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