Ortiz v. New York City et al
| Juan Ortiz |
| New York City and C.O. #4513 Caraballo |
| 1:2023cv02047 |
| March 9, 2023 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on November 22, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Mailed a copy of #6 Order of Service, Amended Complaint Form to Juan Ortiz, 3492203708 at N.I.C. Rikers Island, 15-00 Hazen Street, East Elmhurst, NY 11370. (sha) |
Filing 7
INFORMATION PACKAGE MAILED to Juan Ortiz, 3492203708, at N.I.C. Rikers Island 15-00 Hazen Street, East Elmhurst, NY 11370, on 4/10/2023 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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| Set/Reset Deadlines: Waiver of Service due by 5/8/2023. (ate) |
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Filing 6
ORDER OF SERVICE: The Court dismisses Plaintiff's claims against the New York City Department of Correction. See N.Y. City Charter ch. 17, 396. The Clerk of Court is directed to electronically notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that Defendants City of New York and Correction Officer Caraballo #4513 waive service of summons. Plaintiff is granted leave to file an amended complaint alleging facts suggesting a claim under Section 1983 for inadequate medical care and to name as defendants the individual or individuals he alleges failed to provide him with adequate medical care. Plaintiff must submit any amended complaint to this Court's Pro Se Intake Unit within 60 days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 23-CV-2047 (ALC). An Amended Civil Rights Complaint form is attached to this order. Plaintiff is referred to the NYLAG Pro Se Clinic. Copies of the Clinic's flyer, retainer, and intake forms are 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). The Clerk of Court is also directed to mail an information package to Plaintiff. New York City (New York City Dept. of Correction) terminated. (Signed by Judge Andrew L. Carter, Jr on 4/7/2023) (ate) Transmission to Pro Se Assistants for processing. Modified on 4/10/2023 (ate).
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| Magistrate Judge Jennifer Willis 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) |
| MAILING RECEIPT: Document No: 4. Mailed to: Juan Ortiz 3492203708 N.I.C. Rikers Island 15-00 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 3/14/2023) (vn)
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Juan Ortiz..(rdz) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Juan Ortiz..(rdz) |
| Filing 1 COMPLAINT against Caraballo, New York City. Document filed by Juan Ortiz..(rdz) |
| Case Designated ECF. (rdz) |
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