Torres v. City of New York et al
| Ricky J. Torres |
| City of New York, Louis Molina, Eric Adams, Warden Cort, Captain Rivera, C.O. McNeil, C.O. W. Miller, Captain Mathis, SRT Officer #77, SRT Officer #65, SRT Officer #135, SRT Officer #74, SRT Officer #75, SRT Officer #88, SRT Officer #108, Asst. Commissioner Thomas Griffin, SRT Officer #102, SRT Officer #120, Jean Renee, Tiffany, Morales, Lisa Barnaby, Jonelle Shivraj, Joanne Matos, Preston Ritter, CIB Capt. Fluka, CIB ADW Gwinnie, Asst. Commissioner John Doe, C.O. Farrinas, C.O. Orellana, C.O. Vu, C.O. Pinkney, C.O. Troche and C.O. Marden |
| 1:2023cv01674 |
| February 27, 2023 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Katharine H Parker |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 12 WAIVER OF SERVICE RETURNED UNEXECUTED as to Miller, Renee, Fluka, Qwinnie, Orellana. Document filed by CIB Capt. Fluka, CIB ADW Gwinnie, W. Miller, Orellana, Jean Renee..(Shechtman, Paul) |
| Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. Vu waiver sent on 4/25/2023, answer due 6/26/2023; Pinkney waiver sent on 4/25/2023, answer due 6/26/2023; Preston Ritter waiver sent on 4/25/2023, answer due 6/26/2023; Joanne Matos waiver sent on 4/25/2023, answer due 6/26/2023; Jonelle Shivraj waiver sent on 4/25/2023, answer due 6/26/2023; Marden waiver sent on 4/25/2023, answer due 6/26/2023; Troche waiver sent on 4/25/2023, answer due 6/26/2023. Document filed by Vu; Pinkney; Preston Ritter; Joanne Matos; Jonelle Shivraj; Marden; Troche..(Shechtman, Paul) |
| Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. McNeil waiver sent on 4/25/2023, answer due 6/26/2023; Thomas Griffin waiver sent on 4/25/2023, answer due 6/26/2023; Morales waiver sent on 4/25/2023, answer due 6/26/2023; Lisa Barnaby waiver sent on 4/25/2023, answer due 6/26/2023; Rivera waiver sent on 4/25/2023, answer due 6/26/2023; Louis Molina waiver sent on 4/25/2023, answer due 6/26/2023; Mathis waiver sent on 4/25/2023, answer due 6/26/2023; Cort waiver sent on 4/25/2023, answer due 6/26/2023. Document filed by McNeil; Thomas Griffin; Morales; Lisa Barnaby; Rivera; Louis Molina; Mathis; Cort..(Shechtman, Paul) |
| Pro Se Payment of Fee Processed: $80.00 Check processed by the Finance Department on 04/20/2023, Receipt Number 15301. (stt) |
| Pro Se Payment of Fee Processed: $36.33 Check processed by the Finance Department on 04/20/2023, Receipt Number 15301. (stt) |
| Mailed a copy of #9 Order for Initial Pretrial Conference, #1 Complaint to the New York City Law Department at 100 Church Street, New York, NY 10007. (kh) |
| MAILING RECEIPT: Document No: 9. Mailed to: Ricky J. Torres NYSID:12922994Q B&C: 1412001935 09-09 Hazen Street East Elmhurst, NY 11370. (kh) |
Filing 9
ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: This action is scheduled for an initial case management conference, via telephone, in accordance with Fed. R. Civ. P. 16 on Thursday, June 29, 2023 at 12:00 p.m. It is hereby ORDERED that the Warden or other official in charge of the George R. Vierno Facility produce plaintiff Ricky J. Torres., Booking #1412001935/NYSID #12922994Q, on June 29, 2023, no later than 12:00 p.m., to a suitable location within the GRVC Facility that is equipped with a telephone, for the purpose of participating by telephone in a conference with the Court and defendants' counsel. If the scheduled time and date presents a hardship, the Warden or the Warden's designee should promptly inform chambers by calling (212) 805-0234. The Parties are directed to review Judge Parker's Individual Rules of Practice in Civil Cases. Plaintiff is directed to complete the Proposed Case Management Plan for Pro Se Plaintiffs and mail it to The Honorable Katharine H. Parker, U.S. District Court, 500 Pearl Street Room 750, New York, New York 10007 one week before the scheduled conference. Defendants' counsel must: (1) send this Order to the Warden immediately; (2) contact the George R. Vierno Facility to arrange the call and determine the telephone number at which the plaintiff will be reachable at the above time and date; (3) complete the Proposed Case Management Plan For Pro Se Plaintiffs and e-mail it to Parker_NYSDChambers@nysd.uscourts.gov, and (4) telephone Judge Parker's teleconference line at (866) 434-5269, Access code: 4858267, with the plaintiff on the line, at the time and date of the conference. The Clerk of Court is requested to mail a copy of this order to the plaintiff. The Clerk of Court is also directed mail a copy of this order, and the complaint to the New York City Law Department at 100 Church Street New York, NY 10007. SO ORDERED. Initial Conference set for 6/29/2023 at 12:00 PM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 4/4/2023) (vfr)
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Filing 8
INFORMATION PACKAGE MAILED to Ricky J. Torres, NYSID: 12922994Q B&C: 1412001935, at George R. Vierno Center, 09-09 Hazen Street, East Elmhurst, NY 11370, on 4/4/2023 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 flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse, 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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| MAILING RECEIPT: Document No: 7. Mailed to: Ricky J. Torres NYSID:12922994Q B&C: 1412001935 09-09 Hazen Street East Elmhurst, NY 11370. (kh) |
| Mailed a copy of #6 Order of Service, #1 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 7
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). Referred to Magistrate Judge Katharine H. Parker. SO ORDERED. (Signed by Judge John P. Cronan on 4/3/2023) (jca)
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Filing 6
ORDER OF SERVICE: The Court directs the Clerk of Court to mail an information package to Plaintiff. The Court also directs the Clerk of Court to notify the New York City Department of Correction ("DOC") and the New York City Law Department of this Order. The Court requests that the following identified defendants waive service of summonses: (1) the City of New York; (2) DOC Commissioner Louis Molina; (3) New York City Mayor Eric Adams; (4) GRVC Warden Cort; (5) Correction Captain Rivera (Badge No. 1230); (6) Correction Officer McNiel (or McNeil, assigned to the West Facility or GRVC between January 3, 2023, and January 22, 2023); (7) West Facility or North Infirmary Command Deputy Warden Miller; (8) Correction Captain Mathis (Badge No. 82); (9) DOC Assistant Commissioner Thomas Griffin; (10) West Facility or GRVC Warden Jean Renee; (11) West Facility or GRVC Deputy Warden Tiffany Morales; (12) West Facility or GRVC Deputy Warden Lisa Barnaby; (13) West Facility or GRVC Deputy Warden Jonell Shivraj; (14) West Facility or GRVC Deputy Warden Joanne Matos; (15) Correction Officer Preston Ritter (assigned to the West Facility or GRVC between January 3, 2023, and January 22, 2023); (16) Correction Intelligence Bureau ("CIB") Captain Fluka; (17) CIB Assistant Deputy Warden Gwinnie; (18) Correction Officer Farrinas (assigned to the West Facility or GRVC between January 3, 2023, and January 22, 2023); (19) Correction Officer Orellana (assigned to DOC headquarters); (20) Correction Officer Vu (Badge No. 15824); (21) Correction Officer Pinkney (Badge No. 524); (22) Correction Officer Troche (Badge No. 532); and (23) Correction Officer Marden (Badge No. 13770). The Court further directs the Clerk of Court to 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. Waiver of Service due by 5/3/2023. (Signed by Judge John P. Cronan on 4/3/2023) (Attachments: #1 Exhibit A- Prisoner Complaint Amended, #2 Exhibit B- Pro Se Legal Clinic Flyers- Incarcertated Litigants, #3 Exhibit C- NYLAS Retainer- Incarcerated Litigants) (tro) Transmission to Pro Se Assistants for processing.
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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. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge John P. Cronan. Judge Unassigned is no longer assigned to the case. (aea) |
| MAILING RECEIPT: Document No: 4. Mailed to: Ricky J. Torres NYSID:12922994Q B&C: 1412001935 09-09 Hazen Street East Elmhurst, NY 11370. (kh) |
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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 2/28/2023) (vn)
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| Case Designated Local Rule 33.2. (jjg) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Ricky J. Torres. (sac) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Ricky J. Torres. (sac) |
| Filing 1 COMPLAINT against Eric Adams, Lisa Barnaby, City of New York, Cort, John Doe, Farrinas, CIB Capt. Fluka, Thomas Griffin, CIB ADW Gwinnie, Marden, Mathis, Joanne Matos, McNeil, W. Miller, Louis Molina, Morales, Orellana, Pinkney, Jean Renee, Preston Ritter, Rivera, SRT Officer #102, SRT Officer #108, SRT Officer #120, SRT Officer #135, SRT Officer #65, SRT Officer #74, SRT Officer #75, SRT Officer #77, SRT Officer #88, Jonelle Shivraj, Tiffany, Troche, Vu. Document filed by Ricky J. Torres..(sac) |
| Case Designated ECF. (sac) |
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