Kelly v. Thomas et al
| Shytique D. Kelly |
| Ileshema T. Thomas, Kenneth A. Muller, John Doe #1, John Doe #2, John Doe #3 and John Doe #4 |
| 7:2023cv02597 |
| March 27, 2023 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 8
INFORMATION PACKAGE MAILED to Shytique D. Kelly 13-A-3504 Green Haven Correctional facility 594 Route 216 Stormville, NY 12582-4000 on 05/08/2023 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 (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 7 SUMMONS ISSUED as to Kenneth A. Muller, Ileshema T. Thomas. (ta) |
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Filing 6
ORDER OF SERVICE: The Clerk of Court is instructed to issue summonses for GHCF correction officers Ileshema Thomas and K. Muller, complete the USM-285 forms with the addresses for these Defendants, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to mail 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. Local Civil Rule 33.2 applies to this action. Plaintiff is referred to the NYLAG Pro Se Clinic. Copies of the Clinic's flyer, retainer, and intake form are attached to this order. The Clerk of Court is further directed to mail 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 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. (Signed by Judge Cathy Seibel on 5/5/2023) (vfr) Transmission to Pro Se Assistants for processing.
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| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 05/08/2023 Re: Judge Cathy Seibel #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)GHCF correction officers Ileshema Thomas and K. Muller. (ta) |
| Mailed a copy of #6 Order of Service #1 Complaint to New York State Attorney General at: 28 Liberty Street, 16th Floor, New York, New York 10005..(ta) |
| Case Designated Local Rule 33.2. (dmg) |
| Magistrate Judge Andrew E. Krause 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 Cathy Seibel. Judge Unassigned is no longer assigned to the case. (vba) |
| MAILING RECEIPT: Document No: 4. Mailed to: Shytique D. Kelly 13-A-3504 Green Haven Correctional facility 594 Route 216 Stormville, NY 12582-4000. Also mailed a copy to the Superintendent of Green Haven Correctional Facility. (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 4/20/2023) (vn)
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Shytique D. Kelly..(rdz) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Shytique D. Kelly..(rdz) |
| Filing 1 COMPLAINT against John Doe #1, John Doe #2, John Doe #3, John Doe #4, Kenneth A. Muller, Ileshema T. Thomas. Document filed by Shytique D. Kelly..(rdz) |
| Case Designated ECF. (rdz) |
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