Taylor v. New York State Dept. of Correction Employees et al
| Roy Taylor |
| Molina, NYCDOC Employees, John Doe Auburn Medical ADM & Health Care Provider, AMKC Med ADM & Healthcare Provider John Doe 2, AMKC Rikers CO Whyte, CO Carter, AMKC John Doe 1, AMKC Med. ADM John Doe 2, Jane Doe 1, Jane Doe 2, Goldberg, Bellevue Hand R. Jane Doe 5, New York State Dept of Correction Employees and Commissioner Employees |
| 1:2022cv09747 |
| November 15, 2022 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 8
INFORMATION PACKAGE MAILED to Roy Taylor, 22-B-2111, at Auburn Correctional Facility, P.O. Box 618, Auburn, NY 13024, on 1/6/2023 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 7 SUMMONS ISSUED as to Allan Goldberg, MD. (sha) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 1/6/2023 Re: Judge Andrew L. Carter, Jr. #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) Allan Goldberg, MD. (sha) |
| Received e-mail from the United States District Court - Northern District of New York Main Office (Syracuse) acknowledging receipt of transferred case. Assigned Case Number: 9:23-cv-00017, filed on 1/5/2023. (vba) |
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Filing 6
ORDER OF SERVICE: The Court directs the Clerk of Court to mail a copy of this order and an information package to Plaintiff. The Court also directs the Clerk of Court to notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that New York City Correction Commissioner Molina, Correction Officer Whyte (assigned to the AMKC on December 13, 2021), and Correction Officer Carter (assigned to the AMKC on December 13, 2021) waive service of summonses. The Court further directs the Clerk of Court to issue a summons for Defendant Goldberg; complete a USM-285 form with the address for Defendant Goldberg; and deliver all documents necessary to effect service on Defendant Goldberg to the U.S. Marshals Service. The Court additionally directs the identified defendants (Defendants Molina, Whyte, Carter, and Goldberg) to comply with Local Civil Rule 33.2 within 120 days of service or other notice of the complaint. Under Rule 21 of the Federal Rules of Civil Procedure, the Court severs Plaintiff's claims that arise from events that have allegedly occurred at Auburn, including Plaintiff's claims against "New York State Dept of Correction Employees" and unidentified Defendant "John Doe 4 Auburn Medical ADM," and transfers those claims to the United States District Court for the Northern District of New York. See 28 U.S.C. 1406(a). Moreover, the Court directs the Clerk of Court to mail a copy of this order and the complaint to: (1) the Corporation Counsel of the City of New York, at 100 Church Street, New York, New York 10007; (2) NYC Health + Hospitals, at 50 Water Street, New York, New York 10004; and (3) Physician Affiliate Group of New York, P.C., Correctional Health Services, at (i) c/o Gwendolyn Renee Tarver, 49-04 19th Avenue, 1st Floor, Astoria, New York 11105, and at (ii) 420 Lexington Avenue, Suite 1750, New York, New York 10170. An amended complaint form is attached to this order. 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). SO ORDERED. ( Waiver of Service due by 2/6/2023.), John Doe Auburn Medical ADM & Health Care Provider and New York State Dept of Correction Employees terminated. (Signed by Judge Andrew L. Carter, Jr on 1/5/2023) (Attachments: #1 Exhibit) (tg)
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| PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to John Doe 4 Auburn Medical ADM and New York State Dept of Correction Employees only, from the U.S.D.C. Southern District of New York to the United States District Court - Northern District of New York. Under Rule 21 of the Federal Rules of Civil Procedure, the Court severs Plaintiff's claims that arise from events that have allegedly occurred at Auburn, including Plaintiff's claims against "New York State Dept of Correction Employees" and unidentified Defendant "John Doe 4 Auburn Medical ADM," and transfers those claims to the United States District Court for the Northern District of New York. See 28 U.S.C. 1406(a). (tg) |
| Pro Se Payment of Fee Processed: $350.00 Check processed by the Finance Department on 12/30/2022, Receipt Number 10488. (prs) |
| 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. (sac) |
| NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Unassigned is no longer assigned to the case. (sac) |
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Filing 4
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 12/16/2022) (vn)
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| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Auburn Correctional Facility 135 State Street Auburn, NY 13024-9000. (dsh) |
| Case Designated Local Rule 33.2. (jjg) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Roy Taylor..(rdz) |
| Filing 2 COMPLAINT against AMKC John Doe 1, AMKC Med ADM & Healthcare Provider John Doe 2, AMKC Med. ADM John Doe 2, Carter, Goldberg, Jane Doe 1, Jane Doe 2, John Doe Auburn Medical ADM & Health Care Provider, Molina, NYCDOC Employees, Whyte. Document filed by Roy Taylor..(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Roy Taylor..(rdz) |
| Case Designated ECF. (rdz) |
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