Williams, Jr. v. City of New York et al
| Alexander Williams, Jr. |
| City of New York, ADW Green, Captain Islam, DW Shivraj, DW Morales, CO Coxson, CO Kevin Young, CO Ritter, DW Jonnel Shifraj, DW Tiffany Morales, Chief Charlton Lemon, C.O. Walker, C.O. Leech, Captain Fedir Merenych, Dr. Nicholas, Katherine Powell and DW Joanne Matos |
| 1:2022cv03819 |
| May 10, 2022 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Katharine H Parker |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Mailed a copy of #22 Order of Service, to Alexander Williams, Jr., 1411801632 at GRVC, 09-09 Hazen Street, East Elmhurst, NY 11370. (sha) |
Filing 22
AMENDED ORDER OF SERVICE: Plaintiff, who is currently incarcerated at the George R. Vierno Center on Rikers Island, brings this pro se action under 42 U.S.C. 1983, alleging that Defendants violated his rights. By order dated June 1, 2022, the Court granted Plaintiff's request to proceed in forma pauperis (IFP), that is, without prepayment of fees. On June 22, 2022, Plaintiff amended his Complaint naming additional defendants (ECF No. 14), thereby requiring an amended order of service.The Court requests that the City of New York, ADW Green, Captain Islam, DW Shivraj, DW Morales, CO Coxson, CO Kevin Young, CO Ritter, Charlton Lemon, C.O. Walker, C.O. Leech, Fedir Merenych, Dr. Nicholas, Katherine Powell and Joanne Matos waive service of summons.Local Civil Rule 33.2, which requires defendants in certain types of prisoner cases to respond to standard discovery requests, applies to this action. The standard discovery requests are available on the Court's website under "Forms" and are titled "Plaintiff's Local Civil Rule 33.2 Interrogatories and Requests for Production of Documents." Within 120 days of the date of this order, Defendants must serve responses to these standard discovery requests. In their responses, Defendants must quote each request verbatim. Local Civil Rule 33.2 which requires defendants in certain types of prisoner cases to respond to standard discovery requests, applies to this action.The Clerk of Court is requested to mail a copy of this order to the plaintiff. (Signed by Magistrate Judge Katharine H. Parker on 7/5/2022) (rro) Transmission to Pro Se Assistants for processing.
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| Filing 20 WAIVER OF SERVICE RETURNED EXECUTED. Coxson waiver sent on 7/5/2022, answer due 9/6/2022; Tiffany Morales waiver sent on 7/5/2022, answer due 9/6/2022; Green waiver sent on 7/5/2022, answer due 9/6/2022; Ritter waiver sent on 7/5/2022, answer due 9/6/2022; Kevin Young waiver sent on 7/5/2022, answer due 9/6/2022; Islam waiver sent on 7/5/2022, answer due 9/6/2022; Jonnel Shifraj waiver sent on 7/5/2022, answer due 9/6/2022. Document filed by Coxson; Tiffany Morales; Green; Ritter; Kevin Young; Islam; Jonnel Shifraj..(Guillaume, Melissa) |
| Filing 19 LETTER MOTION for Extension of Time Letter Requesting that the Court Issue a New Order of Service in Light of Plaintiff's Filing of the Amended Complaint addressed to Magistrate Judge Katharine H. Parker from Zachary Kalmbach dated July 1, 2022. Document filed by City of New York..(Kalmbach, Zachary) |
| Filing 18 LETTER from Alexander Williams Jr., dated 6/27/22 re: The plaintiff writes the Court seeking an order to obtain an economist who can review all of plaintiff's claims etc.; a private investigator who can assist in a fuller gathering of evidence in support of all of the claims brought forth; and a psychiatrist etc. Document filed by Alexander Williams, Jr. (sc) |
| Filing 17 LETTER from Alexander Williams Jr., dated 6/20/22 re: I am writing to inform the Court that I have been placed on a suicide watch. For this matter, I request that the Court appoint for me counsel, because this mental health breakdown lessens my ability to gather the facts and deal with some of the issues involved. Document filed by Alexander Williams, Jr.(sc) |
| Filing 16 LETTER from Alexander Williams Jr., dated 6/24/22 re: I am writing today to request from the Court an order demanding defendant "City" to produce more DOC employees for depositions by myself. To better await the Court in understanding the plaintiff's request, the plaintiff submits copy of DOC inter-departmental email dated 1/12/22 at 12:56 pm, 28 hours before the assault against plaintiff. Document filed by Alexander Williams, Jr..(sc) |
| Pro Se Payment of Fee Processed: $86.65 Check processed by the Finance Department on 06/27/2022, Receipt Number 2040. (stt) |
| Filing 15 LETTER from Alexander Williams Jr., dated 6/24/22 re: I submitted discovery in this matter and would like to make a request for additional discovery. Note: the defendants have not returned discovery as of yet. The plaintiff construes this as discovery still being open etc. Document filed by Alexander Williams, Jr. (sc) |
| Filing 14 AMENDED COMPLAINT, re: amending #2 Complaint against City of New York, Coxson, Green, Islam, C.O. Leech, Charlton Lemon, Joanne Matos, Fedir Merenych, Tiffany Morales, Dr. Nicholas, Katherine Powell, Ritter, Jonnel Shivraj, C.O. Walker, Kevin Young with JURY DEMAND.Document filed by Alexander Williams, Jr. Related document: #2 Complaint. (Attachments: #1 Main Document)(sc) Modified on 7/6/2022 (sc). |
| Filing 13 LETTER from Alexander Williams Jr., dated 6/16/22 re: I am writing to make my request for discovery, disposition(depose defendants) and interrogatories. I am writing this letter making this request due to receiving the Court's Order of Service from 6/6/22, where it listed in Section 8 the Court's Local Rule 33.2. Document filed by Alexander Williams, Jr.(sc) Modified on 6/23/2022 (sc). |
| Filing 12 LETTER from Alexander Williams Jr., dated 6/7/22 re: "REQUEST TO SEAL- EX PARTE REQUEST" - Plaintiff respectfully requests that the Court grant his request to seal the Complaint. Document filed by Alexander Williams, Jr. (sc) |
| Filing 11 NOTICE OF APPEARANCE by Zachary Kalmbach on behalf of City of New York..(Kalmbach, Zachary) |
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Filing 10
INFORMATION PACKAGE MAILED to Alexander Williams, Jr., 1411801632, at GRVC, 09-09 Hazen Street, East Elmhurst, NY 11370, on 6/7/2022 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)
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| MAILING RECEIPT: Document No: 8-9. Mailed to: Alexander Williams,Jr. 1411801632 GRVC 09-09 Hazen Street East Elmhurst, NY 11370. (dsh) |
| Mailed a copy of #9 Order for Initial Pretrial Conference, #2 Complaint to the New York City Law Department at 100 Church Street, New York, NY 10007. (dsh) |
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Filing 9
ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: This action is scheduled for an initial case management conference, via telephone, in accordance with Fed. R. Civ. P. 16 on Tuesday, September 13, 2022 at 2:30 p.m. It is hereby ORDERED that the Warden or other official in charge of the North Infirmary Command Facility produce plaintiff Alexander Williams., Booking #1411801631 /NYSID #01897858L, on September 13, 2022, no later than 12:00 p.m., to a suitable location within the GRVC Facility that is equipped with a telephone, for the purpose of participating by telephone in a conference with the Court and defendants' counsel. If the scheduled time and date presents a hardship, the Warden or the Warden's designee should promptly inform chambers by calling (212) 805-0234. The Parties are directed to review Judge Parker's Individual Rules of Practice in Civil Cases. Plaintiff is directed to complete the Proposed Case Management Plan for Pro Se Plaintiffs and mail it to The Honorable Katharine H. Parker, U.S. District Court, 500 Pearl Street Room 750, New York, New York 10007 one week before the scheduled conference. Defendants' counsel must: (1) send this Order to the Warden immediately, as further set forth herein. (4) 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 set for 9/13/2022 at 2:30 PM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 6/6/2022) (vfr)
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Filing 8
ORDER OF REFERENCE TO A 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). Referred to Magistrate Judge Katharine H. Parker. SO ORDERED. (Signed by Judge Paul G. Gardephe on 6/6/2022) (ks)
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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, ADW Green, Captain Islam, DW Shivraj, DW Morales, CO Coxson, CO Kevin Young, and CO Ritter waive service of summons. Local Civil Rule 33.2 applies to this action. 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. (Signed by Judge Paul G. Gardephe on 6/6/2022) Waiver of Service due by 7/6/2022. (ks) Transmission to Pro Se Assistants for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Paul G. Gardephe. Judge Unassigned is no longer assigned to the case. (vba) |
| 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. (vba) |
| Case Designated Local Rule 33.2. (dmg) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-01083-PGG-KHP. Notice of Assignment to follow. (vba) |
| MAILING RECEIPT: Document No: 5. Mailed to: Alexander Williams,Jr. 1411801632 GRVC 09-09 Hazen Street East Elmhurst, NY 11370. (kh) |
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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 6/1/2022) (vn)
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| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Alexander Williams, Jr., ID #1411801632 at GRVC, 09-09 Hazen Street, East Elmhurst, NY 11370 on 5/27/2022. (sha) |
| Filing 4 LETTER from Alexander Williams Jr., dated 5/22/22 re: As of this date, I have not heard anything from this Court in regard to this submission(from six weeks ago); and I would like to know if I need to resend this Complaint via certified return mail to ensure that the Court received it. Document filed by Alexander Williams, Jr..(sc) |
| Request for Copy of the updated Docket Sheet Received: Re #4 Letter,. Request for Docket Report, from Alexander Williams Jr. received on 5/26/22. Transmission to Pro Se Assistants for processing. (sc) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Alexander Williams, Jr...(rdz) |
| Filing 2 COMPLAINT against City of New York, Coxson, Green, Islam, Morales, Ritter, Shivraj, Kevin Young. Document filed by Alexander Williams, Jr.. (Attachments: #1 Exhibit Exhibit).(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Alexander Williams, Jr...(rdz) |
| Case Designated ECF. (rdz) |
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