Frisco v. The City of New York et al
| Kenneth Frisco |
| The City of New York and The Department of Corrections |
| 1:2023cv08915 |
| October 10, 2023 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 7, 2023. A more recent docket listing may be available from PACER.
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| Pro Se Payment of Fee Processed: $37.60 Check processed by the Finance Department on 12/06/2023, Receipt Number 24054. (ehn) |
| Pro Se Payment of Fee Processed: $51.08 Check processed by the Finance Department on 12/06/2023, Receipt Number 24054. (ehn) |
| Filing 8 CERTIFICATE OF SERVICE of Notice of Appearance and Waiver of Service of Summons, both dated November 20, 2023 served on Plaintiff pro se Kenneth Frisco on November 20, 2023. Service was made by Mail. Document filed by The City of New York..(Frank, Philip) |
| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. The City of New York waiver sent on 11/20/2023, answer due 1/19/2024. Document filed by The City of New York..(Frank, Philip) |
| Filing 6 NOTICE OF APPEARANCE by Philip Sebastian Frank on behalf of The City of New York..(Frank, Philip) |
Filing 5
INFORMATION PACKAGE MAILED to Kenneth Frisco NYSID: 06192587M B&C: 2412301785 West Facility (WF) 16-06 Hazen Street East Elmhurst, NY 11370, at, on 11/7/2023 Re: #4 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 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. (nb)
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Filing 4
ORDER OF SERVICE: The Court dismisses the claims brought against the DOC for failure to state a claim. See 28 U.S.C. 1915(e)(2)(B)(ii). The Clerk of Court is directed to notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that the City of New York waive service of summons. Copies of the NYLAG's flyer, retainer, and intake form are attached to this order. SO ORDERED. ( Waiver of Service due by 12/6/2023.), The Department of Corrections terminated. (Signed by Judge Mary Kay Vyskocil on 11/6/2023) (tg)
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| Magistrate Judge Katharine H. Parker is designated to handle matters that may be referred in this case. 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. (laq) |
| NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Unassigned is no longer assigned to the case. (laq) |
| MAILING RECEIPT: Document No: 2. Mailed to: Kenneth Frisco NYSID:06192587M B&C: 2412301785 1 Halleck Street Unit 2-CB Bronx, NY 10474. (vn) |
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Filing 2
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 10/13/2023) (vn)
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| Filing 1 COMPLAINT against The City of New York, The Department of Corrections. Document filed by Kenneth Frisco. (sac) |
| Case Designated ECF. (sac) |
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