Barzee v. Abdulla et al
| Saio Barzee |
| Sing Sing C.O. A.M. Abdulla, Sing Sing C.O. E. Torres, Sing Sing C.O. V. Santiago, Sing IGP Supervisor Quadrena T. Quick, Sing Sing Sergeant John Velez, Sing Sing Sergeant John Acevedo, Sing Sing Superinten Michael Capra, DOCCS Commissioner Anthony Annucci, Sing Sing Officer J.P. Franco, C.O. G. Brown, J. Taylor, Drewes, Sing Sing Nurse Y. Young, Sing Sing Nurse E. Penelis, Sergeant John Doe, Officer John Doe, Officer Jane Doe, R.F. Mayes, Lieutenant B.J. Bodge and Correctional Officer Jimenez |
| 7:2023cv02328 |
| March 17, 2023 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 12, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 PRISONER AUTHORIZATION. Document filed by Saio Barzee.(sc) |
| Filing 17 PRO SE MEMORANDUM, dated 5/1/23 re: CHANGE OF ADDRESS for Saio Barzee. New Address: #13B1933, Attica C.F., P.O. Box 149, Attica, NY, 14011-0148. (sc) |
| Filing 16 LETTER from S. Barzee, re: Please be advised that I had personally placed the Prisoner Authorization form in a sealed envelope and had submitted the required paper along with an affidavit of service and submitted two copies of the letters that I had written to two differenct lawyers requesting legal representation in this action etc. Please be further advised that I had received an additional letter from your Court on 4/28/23; and that the letter came with another Prisoner Authorization form and Change of Address form etc.(Plaintiff lists a new facility on envelope: Attica Correctional Facility). Document filed by Saio Barzee.(sc) Modified on 5/9/2023 (sc). |
Filing 15
INFORMATION PACKAGE MAILED to Saio Barzee 13-B-1933 Upstate Correctional Facility 309 Bare Hill Road Post Office Box 2001 Malone, NY 12953 on 05/02/2023 Re: #13 Order of Service Terminate Motions. 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. (ta)
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| Filing 14 SUMMONS ISSUED as to A.M. Abdulla, Torres, Santiago, Quick, Velez, Acevedo, Capra, Annucci, Franco, Brown-Richbourgh, Taylor, Drewes, Young, Penelis, Mayes, Jack, Jimenez, and Bodge. (ta) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 05/02/2023 Re: Judge Philip M. Halpern #13 Order of Service Terminate Motions. 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)Abdulla, Torres, Santiago, Quick, Velez, Acevedo, Capra, Annucci, Franco, Brown-Richbourgh, Taylor, Drewes, Young, Penelis, Mayes, Jack, Jimenez, and Bodge. (ta) |
| Mailed a copy of #13 Order of Service Terminate Motions to New York State Attorney General 28 Liberty Street 16th floor New York, NY 10005. (ta) |
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Filing 13
ORDER OF SERVICE: The Court grants Plaintiff's request for service by the U.S. Marshals (Doc. 3), but denies his application for the Court to request pro bono counsel (Doc. 5) without prejudice to renewal later. The Clerk of Court is instructed to issue summonses, complete the USM-285 forms with the addresses for Defendants Abdulla, Torres, Santiago, Quick, Velez, Acevedo, Capra, Annucci, Franco, Brown-Richbourgh, Taylor, Drewes, Young, Penelis, Mayes, Jack, Jimenez, and Bodge, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is further directed to mail: (1) a copy of this order and the complaint to the New York State Attorney General at 28 Liberty Street, 16th Floor, New York, New York 10005; and (2) an information package to Plaintiff. Copies of NYLAG Clinics flyer, retainer, and intake form are attached to this order. Local Civil Rule 33.2 applies to this action. 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.:, Motions terminated: #5 APPLICATION for the Court to Request Counsel. filed by Saio Barzee, #3 MOTION to Serve. filed by Saio Barzee. (Signed by Judge Philip M. Halpern on 5/1/23) (yv) Transmission to Pro Se Assistants for processing. (Main Document 13 replaced on 5/2/2023) (yv).
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| NOTICE OF CASE REASSIGNMENT to Judge Philip M. Halpern. Judge Laura Taylor Swain is no longer assigned to the case. (vba) |
| Magistrate Judge Paul E. Davison 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) |
| MAILING RECEIPT: Document No: 11. Mailed to: Saio Barzee 13-B-1933 Upstate Correctional Facility 309 Bare Hill Road Post Office Box 2001 Malone, NY 12953. Also mailed a copy to the Superintendent of Upstate Correctional Facility. (kh) |
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Filing 11
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 4/27/2023) (vn)
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| Re-mailed a copy of #7 Order Directing Prisoner Authorization to Saio Barzee, 13-B-1933 at Lakeview Shock Incarceration Correctional Facility, 9300 Lake Avenue, P.O. Box T, Brocton, NY 14716-0679. (kh) |
| Received returned mail re: #8 Letter Request for Copies/Transcripts/Docket Sheet. Mail was addressed to Saio Barzee, 13-B-1933, Upstate Correctional Facility, 309 Bare Hill Road, Post Office Box 2001, Malone, NY 12953 and was returned for the following reason(s): Return To Sender Not Deliverable As Addressed Unable To Forward. (vn) |
| Filing 10 LETTER from S. Barzee, dated 4/3/23 re: "MEMORANDUM" - Please be advised that, on this date and approximate time of 6:02 pm on 4/3/23, I am submitting the Prisoner Authorization form which was provided to me. I submit this to the Pro Se Intake Unit of the Southern District of New York etc. Document filed by Saio Barzee.(sc) |
| Filing 9 PRISONER AUTHORIZATION. Document filed by Saio Barzee.(sc) |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Saio Barzee 13-B-1933 Upstate Correctional Facility 309 Bare Hill Road Post Office Box 2001 Malone, NY 12953 on 04/05/2023. (ta) |
| Filing 8 LETTER from S. Barzee dated 3/30/23 re: "3/14/23 & 3/15/23 ACKNOWLEDGMENT OF RECEIPT"-I am requesting to be provided with a detail of how many papers were sent(by me) and what specific papers you received. Document filed by Saio Barzee.(sc) |
| Request for Copy of the updated Docket Sheet Received: Re #8 Letter. Request for Docket Report, from S. Barzee received on 4/4/23. Transmission to Pro Se Assistants for processing. (sc) |
| MAILING RECEIPT: Document No: 7. Mailed to: Saio Barzee 13-B-1933 Upstate Correctional Facility 309 Bare Hill Road Post Office Box 2001 Malone, NY 12953. (ok) |
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Filing 7
ORDER DIRECTING PRISONER AUTHORIZATION: Plaintiff is directed to submit a completed and signed Prisoner Authorization Form 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). Prisoner Authorization Form due by 4/24/2023. (Signed by Judge Laura Taylor Swain on 3/24/2023) (sha)
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| Filing 6 NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) Modified on 3/23/2023 (vba). |
| Filing 5 APPLICATION for the Court to Request Counsel. Document filed by Saio Barzee..(rdz) |
| Filing 4 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Saio Barzee..(rdz) |
| Filing 3 APPLICATION for ORDER DIRECTING SERVICE by U.S. Marshal. Document filed by Saio Barzee..(rdz) |
| Filing 2 CIVIL COVER SHEET.(rdz) |
| Filing 1 COMPLAINT against Jimenez, Bodge, A.M. Abdulla, John Acevedo, Anthony Annucci, G. Brown, Michael Capra, Drewes, J.P. Franco, R.F. Mayes, Officer Jane Doe, Officer Jane Doe, Officer John Doe, E. Penelis, Quadrena T. Quick, V. Santiago, Sergeant John Doe, J. Taylor, E. Torres, John Velez. Document filed by Saio Barzee..(rdz) Modified on 5/2/2023 (sac). |
| Case Designated ECF. (rdz) |
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