Johnson v. City of New York et al
| Glenn Johnson |
| City of New York, New York City Police Department, NYPD Police Officers John and Jane Does 1-6, New York City Police Dept., Police Officer Martinez, John Doe, Jane Doe and P.O. Loreno Valente |
| 1:2023cv03018 |
| April 10, 2023 |
| US District Court for the Southern District of New York |
| Stewart D Aaron |
| Paul A Engelmayer |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 20, 2023. A more recent docket listing may be available from PACER.
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| MAILING RECEIPT: Document No: 16. Mailed to: Glenn Johnson 3492201707/04161411K Anna M. Kross Center 18-18 Hazen Street East Elmhurst, NY 11370. (kh) |
Filing 16
ORDER granting #15 Letter Motion for Extension of Time. Application GRANTED. SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 5/12/2023) (kv)
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| Filing 15 CONSENT LETTER MOTION for Extension of Time addressed to Magistrate Judge Stewart D. Aaron from Nicolette Pellegrino dated May 11, 2023. Document filed by City of New York..(Pellegrino, Nicolette) |
| Filing 14 SUMMONS ISSUED as to Loreno Valente. (ta) |
| Mailed a copy of #13 Order of Service to Glenn Johnson 3492201707/04161411K Anna M. Kross Center 18-18 Hazen Street East Elmhurst, NY 11370. (ta) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 05/10/2023 Re: Judge Paul A. Engelmayer #13 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) Loreno Valente. (ta) |
| MAILING RECEIPT: Document No: 12. Mailed to: Glenn Johnson 3492201707/04161411K Anna M. Kross Center 18-18 Hazen Street East Elmhurst, NY 11370. (kh) |
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Filing 13
ORDER OF SERVICE: By Order dated April 12, 2023, the Court granted Plaintiff's request to proceed without prepayment of fees, that is, in forma pauperis (ECF No. 4). On May 4, 2023, Plaintiff filed an Amended Complaint (ECF No. 11) in which he names as a defendant NYPD Officer Lorenzo Valente (Shield # 16609). To allow Plaintiff to effect service on Defendant Valente through the U.S. Marshals Service, the Clerk of Court is instructed to complete a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") using the following address: P.O. Lorenzo Valente, N.Y.P.D., 25th Precinct, 120 East 119th Street, New York, New York 10035. The Clerk of Court shall further issue a summons and deliver to the Marshals Service all of the necessary paperwork-including the Amended Complaint (ECF No. 11)-for the Marshals Service to effect service of the entire pleading upon Defendant Valente. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 5/9/2023) (kv) Transmission to Pro Se Assistants for processing.
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Filing 12
ORDER re: #11 Amended Complaint, filed by Glenn Johnson. It is therefore ORDERED that the City of New York, which is the attorney for and agent of the City of New York, shall ascertain the identities of John and Jane Doe and Officer Martinez, and the address where each defendant may be served. The New York City Law Department shall provide this information to Plaintiff and the Court by Friday, July 7, 2023. By Monday, August 7, 2023, Plaintiff shall file a second amended complaint naming the John and Jane Doe defendants and Officer Martinez. The second amended complaint will replace, not supplement, his current pleading. Once Plaintiff has filed a second amended complaint, the Court will screen the second amended complaint and, if necessary, issue an order asking the newly named defendants to waive service or directing the Clerk of Court to complete the USM-285 forms with the addresses for the named John and Jane Doe defendants and Officer Martinez, and deliver all documents necessary to effect service to the U.S. Marshals Service. Plaintiff also requests an extension of time to serve Defendants. (See Am, Compl. at PDF p.10.) Plaintiff's request is GRANTED. To provide Plaintiff with sufficient time to serve the yet-to-be-served defendants, the Court extends Plaintiff's deadline to serve those defendants to Monday, November 6, 2023. SO ORDERED. (Amended Pleadings due by 8/7/2023., Service due by 11/6/2023.) (Signed by Magistrate Judge Stewart D. Aaron on 5/9/2023) (kv)
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| Filing 11 AMENDED COMPLAINT, Re: amending #1 Complaint against City of New York, Jane Doe, John Doe, Police Officer Martinez, NYPD Police Officers John and Jane Does 1-6, New York City Police Dept., Loreno Valente with JURY DEMAND.Document filed by Glenn Johnson. Related document: #1 Complaint.(sc) |
| Filing 10 NOTICE OF APPEARANCE by Nicolette Pellegrino on behalf of City of New York..(Pellegrino, Nicolette) |
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Filing 9
INFORMATION PACKAGE MAILED to Glenn Johnson 3492201707/04161411K Anna M. Kross Center 18-18 Hazen Street East Elmhurst, NY 11370 on 04/19/2023 Re: #6 Order of ServiceAdd and Terminate Parties. 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 8 SUMMONS ISSUED as to City of New York. (ta) |
| Mailed a copy of #1 Complaint, #6 Order of Service Add and Terminate Parties to City of New York New York City Law Department 100 Church Street New York, NY 10007. (ta) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 04/19/2023 Re: Judge Paul A. Engelmayer #6 Order of Service Add and Terminate Parties. 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)City of New York. (ta) |
| MAILING RECEIPT: Document No: 7. Mailed to: Glenn Johnson 3492201707/04161411K Anna M. Kross Center 18-18 Hazen Street East Elmhurst, NY 11370. (kh) |
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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 Stewart D. Aaron. (Signed by Judge Paul A. Engelmayer on 4/18/2023) (rro)
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Filing 6
ORDER OF SERVICE: The Court dismisses Johnson's claims against New York City Police Department. See 28 U.S.C. 1915(e)(2)(B)(ii) The Clerk of Court is instructed to issue a summons for the City of New York, complete the USM-285 forms with the address for this Defendant, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is further directed to mail a copy of this order and the complaint to the New York City Law Department at: 100 Church Street, New York, New York 10007. Johnson 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 directed to mail an information package to Johnson. 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). (Signed by Judge Paul A. Engelmayer on 4/18/2023) (rro) Transmission to Pro Se Assistants for processing. Modified on 4/18/2023 (rro).
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| Magistrate Judge Stewart D. Aaron 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 Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case. (vba) |
| MAILING RECEIPT: Document No: 4. Mailed to: Glenn Johnson 3492201707/04161411K Anna M. Kross Center 18-18 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 4/12/2023) (vn)
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Glenn Johnson..(rdz) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Glenn Johnson..(rdz) |
| Filing 1 COMPLAINT against City of New York, NYPD Police Officers John and Jane Does 1-6, New York City Police Department. Document filed by Glenn Johnson..(rdz) |
| Case Designated ECF. (rdz) |
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