Mescall v. Mcfarland et al
| Sean F. Mescall |
| Patrick Mcfarland, Director Collete S. Peters and Ms. Cosme |
| 1:2023cv00689 |
| January 24, 2023 |
| US District Court for the Southern District of New York |
| Katharine H Parker |
| Jennifer H Rearden |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 pr Fed. Question: Federal Prisoner Civil Rights |
| None |
Docket Report
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Filing 12
INFORMATION PACKAGE MAILED to Sean F. Mescall ID: 25255-058, at 6 Paddock Place, Newburgh, NY 12550, on 2/16/2023 Re: #9 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 flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), 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, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (sha)
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| Filing 11 SUMMONS ISSUED as to U.S. Bureau of Prisons, Colette S. Peters, Patrick Mcfarland, Magaly Cosme. (sha) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 2/16/2023 Re: Judge Jennifer H. Rearden #9 Order of Service. The following document(s) were enclosed in the Service Package: #3 UNSIGNED EX PARTE EMERGENCY TEMPORARY RESTRAINING ORDER, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) U.S. Bureau of Prisons, Colette S. Peters, Patrick Mcfarland, Magaly Cosme. (sha) |
| MAILING RECEIPT: Document No: 10. Mailed to: Sean F. Mescall ID:25255-058 6 Paddock Place Newburgh, NY 12550. (kh) |
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Filing 10
ORDER REFERRING CASE TO 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) and Specific Non-Dispositive Motion/Dispute: Motion(s) for temporary restraining order. Referred to Magistrate Judge Katharine H. Parker. Motions referred to Katharine H. Parker. (Signed by Judge Jennifer H. Rearden on 2/14/2023) (va)
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Filing 9
ORDER OF SERVICE: The Court directs the Clerk of Court to: (1) issue summonses for all Defendants; (2) complete USM-285 forms with the service addresses for all Defendants; (3) for the federal Defendants (RRM Home Confinement Coordinator Patrick Mcfarland, the BOP, and BOP Director Colette S. Peters), mark the box on the USM-285 forms labeled "Check for service on U.S.A."; and (4) deliver to the U.S. Marshals Service all documents necessary to effect service of summonses on all Defendants. The Clerk of Court is further directed to issue an information package to Plaintiff. 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 in forma pauperis 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. (Signed by Judge Jennifer H. Rearden on 2/14/2023) (tg)
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| 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) |
| NOTICE OF CASE REASSIGNMENT to Judge Jennifer H. Rearden. Judge Unassigned is no longer assigned to the case. (vba) |
| Filing 7 DECLARATION OF FACTS 28:1746, re: 6 Proposed Temporary Restraining Order. Document filed by Sean F. Mescall. (sc) |
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Filing 5
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 1/27/2023) (sha)
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| Filing 4 DECLARATION of Sean F. Mescall re: #3 UNSIGNED EX PARTE EMERGENCY TEMPORARY RESTRAINING ORDER. Document filed by Sean F. Mescall. (sac) |
| Filing 3 UNSIGNED EX PARTE EMERGENCY TEMPORARY RESTRAINING ORDER filed by Sean F. Mescall. (sac) |
| Filing 2 MOTION for Temporary Restraining Order. Document filed by Sean F. Mescall. (sac) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Sean F. Mescall. (sac) |
| Case Designated ECF. (sac) |
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