Urena v. City of New York et al
| Amaury Urena |
| City of New York, Captain Pines, Captain Clarke, Captain Chmut, E.S.U. Captain Johnson, C.O. Gordon, C.O. Jane Doe and D.W. Jane Doe |
| 1:2022cv01189 |
| February 11, 2022 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Katharine H Parker |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 21, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 14 WAIVER OF SERVICE RETURNED EXECUTED. City of New York waiver sent on 3/31/2022, answer due 5/31/2022. Document filed by City of New York..(Schemitsch, John) |
| Filing 13 WAIVER OF SERVICE RETURNED UNEXECUTED as to Gordon, Johnson, Chmut. Document filed by Chmut, Gordon, Johnson..(Guillaume, Melissa) |
| Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. Pines waiver sent on 3/18/2022, answer due 5/17/2022; Clarke waiver sent on 3/18/2022, answer due 5/17/2022. Document filed by Pines; Clarke..(Guillaume, Melissa) |
Filing 11
ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: It is hereby ORDERED that the Warden or other official in charge of the North Infirmary Command Facility produce plaintiff Amaury Urena., Booking #2412102214 /NYSID #06036513J, on June 13, 2022, no later than 12:00 p.m., to a suitable location within the North Infirmary Command Facility that is equipped with a telephone, for the purpose of participating by telephone in a conference with the Court and defendants' counsel, as further set forth herein. Telephone Judge Parker's teleconference line at (866) 434-5269, Access code: 4858267, with the plaintiff on the line, at the time and date of the conference. The Clerk of Court is requested to mail a copy of this order to the plaintiff. The Clerk of Court is also directed mail a copy of this order, and the complaint to the New York City Law Department at 100 Church Street New York, NY 10007. SO ORDERED. Initial Conference by telephone set for 6/13/2022 at 12:00 PM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 3/8/2022) (vfr) Transmission to Docket Assistant Clerk for processing.
|
|
Filing 10
ORDER: By separate Order being entered today, this case is being referred to the assigned Magistrate Judge for a report and recommendation on any motion for judgment on the pleadings. To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date on which Defendant enters an appearance, either mail or email directly a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at http://nysd.uscourts.gov/file/forms/consent-to-proceed-before-us-magistrate-judge). If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks on which Defendant enters an appearance, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. The Clerk of Court is instructed to mail a copy of this Order to the Pro Se Plaintiff. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/8/2022) (tg) Transmission to Docket Assistant Clerk for processing.
|
|
Filing 9
INFORMATION PACKAGE MAILED to Amaury Urena, 2412102214, at N.I.C., 15-00 Hazen St., East Elmhurst, NY 11370, on 3/8/2022 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, 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)
|
|
Filing 8
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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation): All such motions. Referred to Magistrate Judge Katharine H. Parker. (Signed by Judge Valerie E. Caproni on 3/8/2022) (tg) Transmission to Docket Assistant Clerk for processing.
|
|
Filing 7
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 the City of New York; Captain Pines; Captain Clarke; Correction Officer Gordon; ESU Captain Johnson; and Captain Chmut waive service of summons. The Clerk of Court is also directed to mail a copy of this order and the complaint to the New York City Law Department at 100 Church Street, New York, N.Y. 10007. The Clerk of Court is further directed to mail a copy of this order to Plaintiff together with an information package. An "Amended Complaint" form is attached to this order. The Court certifies under 28 U.S.C. Section 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). SO ORDERED. Waiver of Service due by 4/7/2022. (Signed by Judge Valerie E. Caproni on 3/8/2022) (tg) Transmission to Pro Se Assistants for processing.
|
| Mailed a copy of #8 Order Referring Case to Magistrate Judge, to Amaury Urena 2412102214 N.I.C. 15-00 Hazen St. East Elmhurst, NY 11370. (dsh) |
| Mailed a copy of #7 Order of Service, #2 Complaint to New York City Law Department at 100 Church Street, New York, New York 10007. (sha) |
| Mailed a copy of #10 Order, to Amaury Urena, 2412102214, N.I.C., 15-00 Hazen St., East Elmhurst, NY 11370. (dsh) |
| Mailed a copy of #11 Order for Initial Pretrial Conference, to Amaury Urena, 2412102214, N.I.C., 15-00 Hazen St. East Elmhurst, NY 11370 and the complaint and docket No. 11 to the New York City Law Department at 100 Church Street New York, NY 10007. (dsh) |
| NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Laura Taylor Swain is no longer assigned to the case..(wb) |
| Magistrate Judge Katharine H. Parker 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) |
|
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 3/1/2022) (vn)
|
| Filing 4 PRISONER AUTHORIZATION. Document filed by Amaury Urena.(sc) |
|
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 3/16/2022. (Signed by Judge Laura Taylor Swain on 2/14/22) (Attachments: #1 Supplement prisoner authorization) (bl) Transmission to Docket Assistant Clerk for processing.
|
| Mailed a copy of #3 Order Directing Prisoner Authorization to Amaury Urena, 2412102214 at N.I.C., 15-00 Hazen St., East Elmhurst, NY 11370. (kh) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (aea) |
| Filing 2 COMPLAINT against C.O. Jane Doe, Chmut, City of New York, Clarke, D.W. Jane Doe, Gordon, Johnson, Pines. Document filed by Amaury Urena.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Amaury Urena.(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.
