Owens v. Orange County Jail et al
| DeSean J. Owens |
| Orange County Jail, Iman Malik Kedar, E. Colby and Orange County |
| 7:2022cv06487 |
| July 29, 2022 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 8 SUMMONS ISSUED as to Iman Malik Kedar, Orange County. (sha) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 9/20/2022 Re: Judge Vincent L. Briccetti #7 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) Iman Malik Kedar, Orange County. (sha) |
Filing 7
ORDER OF SERVICE: The Court dismisses Plaintiff's claims against Orange County Jail because it does not have the capacity to be sued. The Clerk of Court is directed to add Orange County as a Defendant under Fed. R. Civ. P. 21. The Clerk of Court is further instructed to issue summonses for Orange County and Imam Kedar, 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 dismisses Plaintiff's claims against E. Colby for failure to state a claim. See 28 U.S.C. 1915(e)(2)(B)(ii). 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). Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. Orange County added. E. Colby (Shield #100) and Orange County Jail terminated. (Signed by Judge Vincent L. Briccetti on 9/16/2022) (mml)
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| Magistrate Judge Judith C. McCarthy 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 Vincent L. Briccetti. Judge Laura Taylor Swain is no longer assigned to the case. (vba) |
| Transmission to Pro Se Assistants. Transmitted re: #7 Order of Service to the Pro Se Assistants for processing. (mml) |
| MAILING RECEIPT: Document No: 5. Mailed to: DeSean J. Owens 2020-00906 Orange County Jail 110 Wells Farm Road Goshen, NY 10924. Also mailed a copy to the Superintendent of Orange County Jail, 110 Wells Farm Road Goshen, NY 10924. (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 9/6/2022) (vn)
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| Filing 4 PRISONER AUTHORIZATION. Document filed by DeSean J. Owens.(sc) |
| Filing 3 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by DeSean J. Owens.(sc) |
| MAILING RECEIPT: Document No: 2. Mailed to: DeSean J. Owens 2020-00906 Orange County Jail 110 Wells Farm Road Goshen, NY 10924. (dsh) |
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Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 9/2/2022. In Forma Pauperis (IFP) Application due by 9/2/2022. Prisoner Authorization Form due by 9/2/2022. (Signed by Judge Laura Taylor Swain on 8/3/2022) (sha)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
| Filing 1 COMPLAINT against E. Colby, Iman Malik Kedar, Orange County Jail. Document filed by DeSean J. Owens..(rdz) |
| Case Designated ECF. (rdz) |
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