Smalls v. 24th Precinct et al
| Aaron D. Smalls |
| 24th Precinct, Police Officer Nish, Police Officer Venteurer and City of New York |
| 1:2022cv03205 |
| April 18, 2022 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on July 7, 2022. A more recent docket listing may be available from PACER.
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Filing 12
NOTICE OF DISMISSAL WITHOUT PREJUDICE PURSUANT TO F.R.C.P. Rule 41(a)(1)(A)(i): WHEREFORE, pursuant to Federal Rule 4l(a)(i) all claims that were asserted or could have been asserted on behalf of the plaintiff, in the above-entitled proceeding arising out of the events alleged in the complaint in this matter, are hereby voluntarily dismissed without prejudice. Plaintiff has voluntarily dismissed this case without prejudice under F.R.C.P. 41(a)(1)(A)(i). The Clerk of Court is directed to close this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/13/2022) (va)
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| Filing 11 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) City of New York, Nish, Venteurer. Document filed by Aaron D. Smalls. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Fuchs, Ilyssa) |
| Filing 10 NOTICE OF APPEARANCE by Ilyssa S Fuchs on behalf of Aaron D. Smalls..(Fuchs, Ilyssa) |
| Pro Se Payment of Fee Processed: $32.07 Check processed by the Finance Department on 05/03/2022, Receipt Number 465401297888. (stt) |
| Mailed a copy of #7 Order for Initial Pretrial Conference to Aaron D. Smalls, NYSID:09983074H, B&C: 3492200485 at 15-00 Hazen Street, East Elmhurst, NY 11370 by Certified Mail # 7019 1120 0000 8895 2502 with Return Receipt Requested. (kh) |
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Filing 9
INFORMATION PACKAGE MAILED to Aaron D. Smalls, NYSID: 09983074H, B&C: 3492200485, at North Infirmary Command, 15-00 Hazen Street, East Elmhurst, NY 11370, on 4/21/2022 Re: #6 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 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)
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| Filing 8 SUMMONS ISSUED as to City of New York, Officer Nish, Officer Venteurer. (sha) |
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that all parties appear via telephone for an initial pretrial conference with the Court on July 29, 2022 at 2:00 p.m. Any party who has retained counsel prior to the conference need not personally participate and should instead have their attorney participate on their behalf. The attorney who will serve as principal trial counsel must participate in all pretrial conferences. By the date of the initial pretrial conference, counsel for any represented party is required to register as a filing user in accordance with the Procedures for Electronic Case Filing. IT IS FURTHER ORDERED that the Warden or other official in charge of the Rikers Island North Infirmary Command produce Aaron D. Smalls, 09983074H, on July 29, 2022 no later than 2:00 p.m. to a suitable location within the Rikers Island North Infirmary Command that is equipped with a telephone, for the purpose of participating by telephone in a conference with the Court and defense counsel. The Clerk of Court is directed to mail a copy of this order to Plaintiff by certified mail. SO ORDERED. Initial Conference set for 7/29/2022 at 02:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 4/21/2022) (ama)
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| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 4/21/2022 Re: Judge Gregory H. Woods #6 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, Officer Nish, Officer Venteurer. (sha) |
| MAILING RECEIPT: Document No: 5. Mailed to: Aaron D. Smalls NYSID:09983074H B&C: 3492200485 15-00 Hazen Street East Elmhurst, NY 11370. (kh) |
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Filing 6
ORDER OF SERVICE: The Court dismisses Plaintiff's claims against the 24th Precinct. See 28 U.S.C. 1915(e)(2)(B)(ii) The Clerk of Court is directed to add the City of New York as a Defendant under Fed. R. Civ. P. 21. The Clerk of Court is further instructed to issue summonses for the City of New York, Officer Nish, and Officer Venteurer, complete the USM-285 forms with the addresses for these defendants, 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. SO ORDERED. City of New York added. 24th Precinct terminated. (Signed by Judge Gregory H. Woods on 4/20/2022) (va) Transmission to Pro Se Assistants for processing.
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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. (laq) |
| NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Unassigned is no longer assigned to the case. (laq) |
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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 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. 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 4/19/2022) (vn)
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Aaron D. Smalls. (sac) |
| Filing 2 COMPLAINT against 24th Precinct, Nish, Venteurer. Document filed by Aaron D. Smalls. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Aaron D. Smalls. (sac) |
| Case Designated ECF. (sac) |
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