Garnes v. City of New York et al
| Mark A. Garnes |
| City of New York, New York City Police Department and Highway Patrolman Nikodomus Petrone |
| 1:2022cv01769 |
| March 2, 2022 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| MAILING RECEIPT: Document No: 11. Mailed to: Mark A. Garnes 1205 Atlantic Ave. Unit 363 Brooklyn, NY 11216. (dsh) |
Filing 11
ORDER: granting #10 Letter Motion for Extension of Time to Answer re #10 FIRST LETTER MOTION for Extension of Time to File Answer OR OTHERWISE RESPOND TO THE COMPLAINT. addressed to Judge Edgardo Ramos from MICHAEL PESIN-VIROVETS dated APRIL 14, 2022. Defendant City of New York's request for a 60-day extension of time to answer or otherwise respond to the Complaint to June 13, 2022 on behalf of itself and defendant Nikodomus Petrone is GRANTED. It is SO ORDERED. City of New York answer due 6/13/2022; Nikodomus Petrone answer due 6/13/2022. (Signed by Judge Edgardo Ramos on 4/14/2022) (ama)
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| Filing 10 FIRST LETTER MOTION for Extension of Time to File Answer OR OTHERWISE RESPOND TO THE COMPLAINT addressed to Judge Edgardo Ramos from MICHAEL PESIN-VIROVETS dated APRIL 14, 2022. Document filed by City of New York..(Pesin-Virovets, Michael) |
| Filing 9 NOTICE OF APPEARANCE by Michael Pesin-Virovets on behalf of City of New York..(Pesin-Virovets, Michael) |
| Filing 8 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Nikodomus Petrone. Attempted Service of Summons and Complaint. Service was attempted on 3/15/22. Document filed by Mark A. Garnes. (sc) |
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Filing 7
INFORMATION PACKAGE MAILED to Mark A. Garnes, at 1205 Atlantic Ave., Unit 363, Brooklyn, NY 11216, on 3/8/2022 Re: #5 Order of Service, Add and Terminate Parties. 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 flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), 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, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (sha)
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| Filing 6 SUMMONS ISSUED as to City of New York, Highway Patrolman Nikodomus Petrone, Shield #9873. (sha) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 3/8/2022 Re: Judge Edgardo Ramos #5 Order of Service, Add and Terminate Parties. The following document(s) were enclosed in the Service Package: Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) City of New York, Highway Patrolman Nikodomus Petrone, Shield #9873. (sha) |
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Filing 5
ORDER OF SERVICE: The Court dismisses Plaintiff's claims against the New York City Police Department. See 28 U.S.C. 1915(e)(2)(B)(ii). The Clerk of Court is further instructed to issue summonses for the City of New York and Petrone, complete the USM-285 forms with the addresses for these defendants, and deliver all documents necessary to effect service to the U.S. Marshals Service. 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. ( USM-285 Form due by 4/6/2022., Request for Issuance of Summons due by 4/6/2022.), New York City Police Department terminated. (Signed by Judge Edgardo Ramos on 3/07/2022) (ama) Transmission to Pro Se Assistants for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Unassigned is no longer assigned to the case..(wb) |
| 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. (wb) |
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Filing 3
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 3/3/2022) (vn) Transmission to Docket Assistant Clerk for processing.
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| Filing 2 COMPLAINT against City of New York, New York City Police Department, Nikodomus Petrone. Document filed by Mark A. Garnes..(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Mark A. Garnes..(rdz) |
| Case Designated ECF. (rdz) |
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