Calvin Reed v. P.O. Andre Logan, et al.
| Calvin Reed |
| P.O. Andre Logan, SPO Medina, Area Supv. Nydia Garcia, SPO Shanavia Dandride and NYS Parole Officers Jane and John Doe #1-#5 |
| 1:2022cv10446 |
| December 8, 2022 |
| U.S. District Court for the Southern District of New York |
| Foley Square Office |
| Laura Taylor Swain |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Mailed a copy of #7 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Fishkill Correctional Facility 18 Strack Drive Beacon, NY 12508-0307. (dsh) |
Filing 7
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 2/2/2023) (vn)
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| Filing 6 PRISONER AUTHORIZATION. Document filed by Calvin Reed.(sc) |
| Filing 5 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Calvin Reed.(sc) |
| MAILING RECEIPT: Document No: 1. Mailed to: Calvin Reed 22-B-2865 Fishkill Correctional Facility 18 Strack Drive Beacon, NY 12508. (dsh) |
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Filing 4
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 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 1/11/2023. In Forma Pauperis (IFP) Application due by 1/11/2023. Prisoner Authorization Form due by 1/11/2023. (Signed by Judge Laura Taylor Swain on 12/12/2022) (Attachments: #1 Supplement IFP, #2 Supplement Prisoner Authorization) (aan)
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| Case Designated Local Rule 33.2. (jjg) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac) |
| MAILING RECEIPT: Document No: 4. Mailed to: Calvin Reed 22-B-2865 Fishkill Correctional Facility 18 Strack Drive Beacon, NY 12508. (dsh) |
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Filing 3
ORDER OF SERVICE: The Court directs the Clerk of Court to mail a copy of this order to Plaintiff, together with an information package. The Court dismisses Plaintiff's claims under 42 U.S.C. 1983 against DOCCS, and his claims against the NYCDOC and the NYPD. The Court also directs the Clerk of Court to: (1) issue summonses for the City of New York and Police Officer Dennis; (2) complete USM-285 forms with the service addresses for those defendants; and (3) deliver all documents necessary to effect service of summonses and the amended complaint on those defendants to the U.S. Marshals Service. The Court further directs the Clerk of Court to mail a copy of this order and a copy of the amended complaint to the Corporation Counsel of the City of New York at 100 Church Street, New York, New York 10007. The Corporation Counsel must provide to Plaintiff and the Court, within 60 days of the date of this order, the identities and badge numbers of the unidentified defendants who are members of the NYPD. A second amended complaint form is attached to this order. The Court additionally directs the Clerk of Court to sever Plaintiff's claims against NYCDOC employees and the City of New York arising out of his allegedly being locked in a NYCDOC van (claims against the City of New York and "John and Jane Doe #1-#5") and to open those claims in a new unassigned civil action. The Court also directs the Clerk of Court to sever Plaintiff's claims arising from his allegedly being beaten by DOCCS parole officers (claims against "PO Andre Logan," "SPO Medina," "Area Supv. Nydia Garcia," "SPO Shanavia Dandride," and "NYS Parole Officers Jane and John Doe #1-#5") and to open those claims in another new unassigned civil action. The Court further directs the Clerk of Court to enter a copy of this order and a copy of the amended complaint (ECF 12) on the docket of each new unassigned civil action opened as a result of this order. The Court dismisses Plaintiff's claims against the remaining defendants (those not including Plaintiff's claims against the City of New York, "Police Officers John Doe #1-#6," Police Officer Dennis, and "Detective Jane and John Doe #1-#2") without prejudice as improperly joined. In sum, the only remaining claims are those stemming from Plaintiff's arrests on September 9, 2019; July 17, 2020; and August 3, 2020. Thus, the only remaining defendants in this action are as follows: the City of New York, "Police Officers John Doe #1-#6," Police Officer Dennis, and "Detective Jane and John Doe #1-#2." Because Plaintiff makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. 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 respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. Central Booking Nurse Jane Doe, (#1), Shanavia Dandridge (NYS Parole Supervisor), Nydia Garcia (NYS Parole Supervisor), John & Jane Doe #1-#5 ((Special Search Team)), John Doe #1-#3 (NYC Police (Warrant) Officer), Andre Logan (NYC Parole Officer), S.P.O. Medina (NYS Parole Area Supervisor), N.Y.S. Parole Officers Jane & John Doe #1-#5, NYC Police Dept., New York City Dept. of Correction, New York City Dept. of Correction ((Riker's Island Corrections Officers)), New York State Dept. of Corrections & Community Supervision(formerly New York State Division of Parole), Anthony Annucci (Acting Commissioner ) and Cynthia Brann terminated. (Signed by Judge John P. Cronan on 8/19/21) (rdz)
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| Filing 2 COMPLAINT against The New York State Department of Corrections and Community Supervision Officers. Document filed by Calvin Reed..(rdz) |
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Filing 1
ORDER: In an Order of Service issued on August 20, 2021 (Dkt. 15), the Hon. John P. Cronan, United States District Judge, construed plaintiff's Amended Complaint "as asserting claims under 42 U.S.C. 1983, claims for habeas corpus relief, and claims under state law" against the NYPD officers, and permitted the instant suit to proceed against the NYPD officers. Order of Service at 2. Additionally, Judge Cronan found that plaintiff "may have alleged facts sufficient to state a claim" against the DOCCS parole officers who allegedly beat him when he reported to their office and the NYCDOC corrections officers who allegedly locked him the in the van. Id. at 8. However, since the second and third "groups of claims" were "clearly unrelated to each other and unrelated to plaintiff's claims arising from his arrests and detainments," Judge Cronan severed these two groups of claims, id., and directed the Clerk of Court to open one new unassigned civil action for the claims against the DOCCS parole officers and one new unassigned civil action for the claims against the NYCDOC corrections officers. Id. at 2. It appears to this Court that no new unassigned civil actions were opened. Consequently, the Clerk of Court is respectfully directed to open two new actions, the first against the City of New York and the New York City Department of Corrections officers involved in the August 2020 NYDOC van incident, and the second against the New York State Department of Corrections and Community Supervision officers involved in the September 2019 beating incident. The Clerk of Court is further directed to post plaintiff's Amended Complaint (Dkt. 12) and Judge Cronan's Order of Service (Dkt. 15) to each new action. (Signed by Magistrate Judge Barbara C. Moses on 12/8/22) (rdz)
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| Case Designated ECF. (rdz) |
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