Toussaint v. Metropolitan Hospital
| Fritz Gerald Toussaint |
| Metropolitan Hospital, Patrolman Rivera and NYC Health + Hospitals |
| 1:2022cv02689 |
| March 31, 2022 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
Docket Report
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| Received returned mail re: #7 Information Package - Mailed. Mail was addressed to Fritz Gerald Toussaint at 63 Flanon Bld St. 124, PMB 137, San Diego, CA 92115 and was returned for the following reason(s): Return to sender; Unable to forward. (sha) |
Filing 7
INFORMATION PACKAGE MAILED to Fritz Gerald Toussaint, at 63 Flanon Bld St. 124, PMB 137, San Diego, CA 92115, on 4/27/2022 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 NYC Health + Hospitals, Patrolman Rivera. (sha) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 4/27/2022 Re: Judge Andrew L. Carter, Jr. #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) NYC Health + Hospitals, Patrolman Rivera. (sha) |
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Filing 5
ORDER OF SERVICE: The Court dismisses Plaintiff's claims against Metropolitan Hospital. See 28 U.S.C. 1915(e)(2)(B)(ii). The Clerk of Court is directed to add NYC Health + Hospitals as a Defendant under Fed. R. Civ. P. 21. The Clerk of Court is instructed to issue summonses, complete the USM-285 forms with the addresses for NYC Health + Hospitals and Patrolman Rivera, and deliver to the U.S. Marshals Service all documents necessary to effect service on these defendants. 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 an information package to Plaintiff. NYC Health + Hospitals added. Metropolitan Hospital terminated. (Signed by Judge Andrew L. Carter, Jr on 4/26/2022) (ate) Transmission to Pro Se Assistants for processing.
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Filing 4
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 4/25/2022) (vn)
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| Magistrate Judge Robert W. Lehrburger 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. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Unassigned is no longer assigned to the case. (vba) |
| Filing 2 COMPLAINT against Rivera, Metropolitan Hospital. Document filed by Fritz Gerald Toussaint.(rdz) Modified on 4/25/2022 (sac). |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Fritz Gerald Toussaint..(rdz) |
| Case Designated ECF. (rdz) |
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