Megginson v. Morales et al
| Michael E. Megginson |
| ESH ADW Morales, ESH ADW Green, ESH Kanol, ESH Hammon, ESH Cummberbach, ESH Ingram, ESH Phillips, OMH Evan Beiterman, Chief Lammon, Chief Glover and The City of New York |
| 1:2022cv03815 |
| May 10, 2022 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 7
INFORMATION PACKAGE MAILED to Michael E. Megginson NYSID: 12310859Q DIN: 18A3454 Elmira Correctional Facility 1879 Davis Street P.O. Box 500 Elmira, NY 14901-0500, at, on 6/10/2022 Re: #6 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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| Mailed a copy of #2 Complaint, #6 Order of Service, to New York State Attorney General, 28 Liberty Street, 15th Floor, New York, New York 10005. (aan) |
| Mailed a copy of #2 Complaint, #6 Order of Service, to Corporation Counsel of the City of New York, 100 Church Street, New York, New York 10007. (aan) |
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Filing 6
ORDER OF SERVICE: The Court directs the Clerk of Court to notify the New York City Department of Correction ("DOC") and the New York City Law Department of this order. The Court requests that the following defendants waive service of summons: (1) Enhanced Supervision Housing ("ESH") Assistant Deputy Warden ("ADW") Morales; (2) ESH ADW Green; (3) ESH Security Team Officer Kanol (or Kannol); (4) ESH Secretary Hammon; (5) ESH Hearing Officer Cummberbach; (6) ESH Correction Captain Ingram; (7) ESH Correction Captain Phillips; (8) Correction Chief Lemmon; (9) ADW (or Correction Chief) Glover; and (10) the City of New York. Plaintiff alleges that the remaining defendant, Evan Beiterman, is "Director of [the New York State Office of Mental Health ("NYSOMH")] for Rikers." It is thus unclear whether Beiterman is an employee of DOC or NYSOMH and, therefore, whether the Court may request Beiterman to waive service of summons or direct service on him. Under Valentin v. Dinkins, a pro se litigant, like Plaintiff, is entitled to assistance from the district court in identifying a defendant and that defendant's service address. 121 F.3d 72, 76 (2d Cir. 1997). In the complaint, Plaintiff supplies sufficient information to permit NYSOMH or DOC to verify Beiterman's employer and, if necessary, provide the address where Beiterman may be served. It is therefore ordered that the New York State Attorney General or the Corporation Counsel of the City of New York, who are the attorneys for and agents of NYSOMH and DOC, respectively, must ascertain whether NYSOMH or DOC is Beiterman's employer and, if necessary, the address where Beiterman may be served. The Corporation Counsel or the Attorney General must provide this information to Plaintiff and the Court within 60 days of the date of this order. Once the Court is notified, if necessary, the Court will issue an order either requesting that Beiterman waive service of summons or directing service on him. The Court also directs the Clerk of Court to mail copies of this order and copies of the complaint to: (1) the New York State Attorney General, 28 Liberty Street, 15th Floor, New York, New York 10005; and (2) Corporation Counsel of the City of New York, 100 Church Street, New York, New York 10007. SO ORDERED. Waiver of Service due by 7/11/2022. (Signed by Judge Mary Kay Vyskocil on 6/9/2022) (tg)
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| 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. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Unassigned is no longer assigned to the case. (vba) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-09599-MKV. Notice of Assignment to follow. (vba) |
| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Elmira Correctional Facility, 1879 Davis Street, P.O. Box 500, Elmira, NY 14901-0500. (dsh) |
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Filing 4
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: Plaintiff's application for leave to proceed without prepayment of fees is granted. A prisoner bringing a civil action is required to pay the full $350 filing fee even when proceeding in forma pauperis (IFP), that is, without prepayment of fees.... The Court must collect, when funds exist in a prisoner's account, an initial partial filing fee plus monthly payments. 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 statements 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 he 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 his address changes, and the court may dismiss the action if he fails to do so. (Signed by Judge Laura Taylor Swain on 6/6/2022) (sac)
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Michael E. Megginson. (sac) |
| Filing 2 COMPLAINT against Evan Beiterman, Cummberbach, Glover, Green, Hammon, Ingram, Kanol, Lammon, Morales, Phillips, The City of New York. Document filed by Michael E. Megginson. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Michael E. Megginson. (sac) |
| Case Designated ECF. (sac) |
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