Walker v. City Of New York et al
| Frederick Walker |
| The City Of New York,, John Doe Agents of New York City, John Doe Agents of New York State at Downstate Correctional Facility and City Of New York |
| 1:2023cv05787 |
| July 6, 2023 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 dp Civil Right Denial of Due Process |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 7, 2023. A more recent docket listing may be available from PACER.
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Filing 14
ORDER: granting #13 Letter Motion for Extension of Time. Application Granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/07/2023) (ama)
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| Set/Reset Deadlines: City Of New York answer due 9/7/2023. (ama) |
| Filing 13 FIRST LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge P. Kevin Castel from Steven N. Gordon, Special Assistant Corporation Counsel, Counsel for the City of New York dated August 4, 2023. Document filed by City Of New York..(Gordon, Steven) |
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Filing 12
ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/15/2024 at 10:30 AM before Judge P. Kevin Castel. The call-in information for all teleconferences is: Dial-in: (888) 363-4749 Access Code: 3667981. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/3/2023) (vfr)
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| Filing 11 LETTER addressed to Judge P. Kevin Castel from Alexander Klein, Esq. dated July 26, 2023 re: Order to Show Cause Why Venue Should Remain in the Southern District of New York. Document filed by Frederick Walker..(Klein, Alexander) |
| Filing 10 SUMMONS RETURNED EXECUTED. City Of New York served on 7/18/2023, answer due 8/8/2023. Service was accepted by Ariton Marke, Deputy Unit Chief. Document filed by Frederick Walker..(James, Seymour) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to City Of New York..(pc) |
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Filing 8
ORDER: The Complaint alleges that "[v]enue is proper in the Eastern District of New York... because that is the judicial district in which the claim arose, and in which the Defendants resided or conducted business. (Complaint Paragraph 2.) It is also the district in which the plaintiff resides. (Complaint Paragraph 2.) Let the parties show cause in writing by July 26, 2023 why in the interests of justice and for the convenience of parties and witnesses the action ought not be transferred to the Eastern District of New York. SO ORDERED. Show Cause Response due by 7/26/2023. (Signed by Judge P. Kevin Castel on 7/13/2023) (ama)
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| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, re: #1 Complaint. Document filed by Frederick Walker..(James, Seymour) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Seymour Wesley James to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the Request for Issuance of Summons cannot be issued for the party requested because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B) : a summons must name the parties and be directed to the defendant(s) of record. Once the party has been identified, the filing party may request a summons at that time; party name listed on the PDF 'To' section is not a party of record and must therefore include 'care of c/o' or 'via'. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 6 NOTICE OF APPEARANCE by Alexander Robert Klein on behalf of Frederick Walker..(Klein, Alexander) |
| Filing 5 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, re: #1 Complaint. Document filed by Frederick Walker..(James, Seymour) Modified on 7/12/2023 (jgo). |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Valerie Figueredo 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Seymour Wesley James to RE-FILE Document No. #4 Request for Issuance of Summons, #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party names do not exactly match complaint caption title;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to City of New York Hon. Sylvia O. Hinds- Radix, Corporation Counsel, re: #1 Complaint. Document filed by Frederick Walker..(James, Seymour) Modified on 7/7/2023 (pc). |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to State of New York Office of the New York State Attorney General, re: #1 Complaint. Document filed by Frederick Walker..(James, Seymour) Modified on 7/7/2023 (pc). |
| Filing 2 CIVIL COVER SHEET filed..(James, Seymour) |
| Filing 1 COMPLAINT against John Doe Agents of New York City, John Doe Agents of New York State at Downstate Correctional Facility, The City Of New York,. Document filed by Frederick Walker..(James, Seymour) |
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