Singleton v. Bragg et al
| Dwayne Singleton |
| Alvin Bragg, New York City Department of Corrections, New York Police Department Midtown North Precint, Police Officer John Doe and John Doe Police Officer |
| 1:2023cv00701 |
| January 24, 2023 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 6, 2023. A more recent docket listing may be available from PACER.
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Filing 8
INFORMATION PACKAGE MAILED to Dwayne Singleton NYSID: 07164080N B&C: 3492200786, at West Facility, 16-06 Hazen Street, East Elmhurst, NY 11370, on 3/14/2023 Re: #6 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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| Filing 7 SUMMONS ISSUED as to The City of New York. (sha) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 3/14/2023 Re: Judge Katherine Polk Failla #6 Order of Service. 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) The City of New York. (sha) |
| Mailed a copy of #6 Order of Service, #2 Complaint to Corporation Counsel of the City of New York at 100 Church Street, New York, New York 10007. (sha) |
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Filing 6
ORDER OF SERVICE: For the reasons detailed above, the Court dismisses Plaintiff's claims against the DOC and the NYPD's Midtown North Precinct for failure to state a claim on which relief may be granted, and dismisses Plaintiff's claims under 42 U.S.C. 1983 against District Attorney Bragg for seeking monetary relief from a defendant who is immune from such relief and as frivolous. The Court directs the Clerk of Court to: (i) Mail an information package to Plaintiff's address of record; (ii) Issue a summons for the City of New York; complete a USM-285 form with the address for the City of New York; and deliver all documents necessary to effect service on the City of New York to the U.S. Marshals Service; and (iii) Mail a copy of this order and the complaint to the Corporation Counsel of the City of New York, at 100 Church Street, New York, New York 10007. An amended complaint form is attached to this order. A flyer, retainer, and intake form from NYLAG are also 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. New York Police Department Midtown North Precint, Alvin Bragg (New York City District Attorney) and New York City Department of Corrections terminated. (Signed by Judge Katherine Polk Failla on 3/10/2023) (tg)
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Filing 4
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: Plaintiff is not presently barred, under 28 U.S.C. 1915(g), from proceeding with a federal civil action IFP as a prisoner. The Court grants Plaintiffs IFP application. Accordingly, the Court directs the Clerk of Court to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward a copy of Plaintiffs prison trust fund account statement 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 he is transferred. Finally, it is Plaintiffs obligation to promptly submit a written notification to the court if Plaintiffs address changes, and the Court may dismiss the action if Plaintiff fails to do so. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/9/2023) (sha)
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| Magistrate Judge Gabriel W. Gorenstein 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 Katherine Polk Failla. Judge Laura Taylor Swain is no longer assigned to the case. (vba) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Dwayne Singleton..(rdz) |
| Filing 2 COMPLAINT against Alvin Bragg, John Doe Police Officer, New York City Department of Corrections, New York Police Department Midtown North Precint, Police Officer John Doe. Document filed by Dwayne Singleton..(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Dwayne Singleton..(rdz) |
| Case Designated ECF. (rdz) |
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