Gamble v. Cort et al
| Kevin Gamble |
| Assis Commissioner Cort and Captain Gainous |
| 1:2023cv06443 |
| July 24, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lorna G Schofield |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 10
INFORMATION PACKAGE MAILED to Kevin Gamble NYSID: 05031966Q B&C: 3492200446 at George R. Vierno Center 09-09 Hazen Street East Elmhurst, NY 11370, on 9/7/2023 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, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (sha)
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| Filing 9 WAIVER OF SERVICE RETURNED EXECUTED. Gainous waiver sent on 9/1/2023, answer due 10/31/2023; Cort waiver sent on 9/1/2023, answer due 10/31/2023. Document filed by Gainous; Cort..(Shechtman, Paul) |
| MAILING RECEIPT: Document No: 7,8. Mailed to: Kevin Gamble NYSID:05031966Q B&C: 3492200446 09-09 Hazen Street East Elmhurst, NY 11370. (sha) |
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Filing 8
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. SO ORDERED. (Signed by Judge Lorna G. Schofield on 8/28/2023) (tg)
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Filing 7
ORDER: IS HEREBY ORDERED that the Warden or other official in charge of the George R. Vierno Center (GRVC) in New York City, or other facility in custody of Kevin Gamble, produce inmate Gamble, 3492200446, to an office in the facility with a reasonable degree of privacy to enable him to participate in a court conference through means of a teleconference from the facility to the United States Courthouse, Southern District of New York, on October 25, 2023, commencing at 4:20 P.M. until completion. The conference will be telephonic and will take place on the following line: 888-363-4749; access code: 558-3333. If this time and date presents an inconvenience, the Warde or the Warden's designee should promptly inform Chambers by calling (212) 805-0288. As further set forth by this Order. DATE AND PLACE OF CONFERENCE: October 25, 2023, at 4:20 P.M. The conference will be telephonic and will take place on the following line: 888-363-4749; access code: 558-3333. The Clerk is directed to mail a copy of this order to the pro se Plaintiff. Initial Conference set for 10/25/2023 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/28/2023) (tg)
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Filing 6
ORDER OF SERVICE: 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 Captain Gainous, Shield #1804, and Assistant Commissioner Antoinette Cort waive service of summons. The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package, including copies of the NYLAG Clinic's flyer, retainer, and intake form. 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 in forma pauperis 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. Waiver of Service due by 9/27/2023. (Signed by Judge Lorna G. Schofield on 8/28/2023) (tg)
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| Magistrate Judge Katharine H. Parker 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. (dsh) |
| NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Laura Taylor Swain is no longer assigned to the case..(dsh) |
| Filing 4 PRISONER AUTHORIZATION. Document filed by Kevin Gamble.(sc) |
| MAILING RECEIPT: Document No: 3. Mailed to: Kevin Gamble NYSID:05031966Q B&C: 3492200446 09-09 Hazen Street East Elmhurst, NY 11370. (ok) |
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Filing 3
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 8/25/2023. (Signed by Judge Laura Taylor Swain on 7/26/2023) (sha)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Kevin Gamble. (sac) |
| Filing 1 COMPLAINT against Cort, Gainous. Document filed by Kevin Gamble. (sac) |
| Case Designated ECF. (sac) |
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