Holden v. The City Commissioner of NYC Corrections et al
| Charles Holden |
| The City Commissioner of NYC Corrections, Deputy Commissioner NYC Corrections, Warden MDC, Warden of C-76, Officers Correctional receiving room John Does #1.#2.#3.#4., Intake at C-76 Conducting Physical and magnetic wave search Officers Correctional at Courts Physical & magnetic wave search/analcavityexposure/anal cavity/exposure Full anatomy exposure, The City, MDC Unknown Correctional officers Intake Receiving Search Area Court Bull Pen John Does #1, #2, #3, #4, #5, #6, C-76 Unknown Correctional officers Intake and Receiving Rm Search Area & Court transport Area John Does #1, #2, #3, #4, #5, #6 and Commissioner of NYC Corrections |
| 1:2024cv00074 |
| January 2, 2024 |
| US District Court for the Southern District of New York |
| Arun Subramanian |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 26, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Mailed a copy of #6 Order of Service, #7 FRCP 4 Service Package - Mailed, to Charles Holden DIN#24R0124 Groveland C.F. P.O. Box 50 Sonyea, NY 14556-050. (nb) |
| Received returned mail re: #6 Order of Service. Mail was addressed to Charles Holden, B&C#3492302380, North Infirmary Command, 15-00 Hazen St., E. Elmhurst, NY 11370 and was returned for the following reason(s): NOT DELIVERABLE AS ADDRESSED -UNABLE TO FORWARD-rts. (sc) |
| Filing 9 PRO SE MEMORANDUM, dated 2/14/24 re: CHANGE OF ADDRESS for Charles Holden. New Address: #24R0124, Groveland C.F., P.O. Box 50, Sonyea, NY, 14556-0050. (sc) |
| Filing 8 LETTER from C. Holden dated 1/22/24 re: Please forward all information to my new address as follows: DIN#24R0124, Ulster Corr. Facility, P.O. Box 800, Napanoch, NY 12458. Document filed by Charles Holden.(sc) |
| MAILING RECEIPT: Document No: 6. Mailed to: Charles Holden NYSID:05334968Y B&C: 3492302380 North Infirmary Command 15-00 Hazen Street East Elmhurst, NY 11370. New York City Law Department 100 Church Street, New York, N.Y. 10007 (mt) |
Filing 7
INFORMATION PACKAGE MAILED to Charles Holden NYSID: 05334968Y B&C: 3492302380 North Infirmary Command 15-00 Hazen Street East Elmhurst, NY 11370, at, on 1/22/2024 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 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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| Mailed a copy of #6 Order of Service, #1 Complaint, to New York City Law Department 100 Church Street, New York, N.Y. 10007. (nb) |
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Filing 6
ORDER OF SERVICE: The Court dismisses Plaintiff's individual-capacity claims under 42 U.S.C. 1983 against Defendants DOC Commissioner and Deputy Commissioner and MDC and EMTC (C-76) Wardens, without prejudice to Plaintiff's repleading these claims. See 28 U.S.C. 1915(e)(2)(B)(ii). The Court dismisses Plaintiff's official-capacity claims against these defendants as duplicative of his claims against the City of New York. The Court requests that the City of New York waive service. The Court directs the City of New York to comply with Local Civil Rule 33.2 within 120 days of the date of this order. The Clerk of Court is directed to mail: (1) an information package to Plaintiff; and (2) a copy of this order and the complaint to the New York City Law Department at 100 Church Street, New York, NY 10007. A Prisoner Civil Rights Amended Complaint form is attached to this order. 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. (Signed by Judge Arun Subramanian on 1/19/2024) (vfr) Transmission to Pro Se Assistants for processing.
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| Case Designated Local Rule 33.2. (keb) |
| Magistrate Judge Gary Stein 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. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Arun Subramanian. Judge Unassigned is no longer assigned to the case. (vba) |
| MAILING RECEIPT: Document No: 4. Mailed to: Charles Holden 3492302380 Rikers Island 1500 Hazen St. East Elmhurst, NY 11370. (mt) |
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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 1/8/2024) (vn)
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Charles Holden..(rdz) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Charles Holden..(rdz) |
| Filing 1 COMPLAINT against Deputy Commissioner NYC Corrections, C-76 Unknown Correctional officers Intake and Receiving Rm Search Area & Court transport Area John Does #1, #2, #3, #4, #5, #6, MDC Unknown Correctional officers Intake Receiving Search Area Court Bull Pen John Does #1, #2, #3, #4, #5, #6, The City, Commissioner of NYC Corrections, Warden MDC, Warden of C-76. Document filed by Charles Holden. (rdz) Modified on 1/16/2024 (sac). |
| Case Designated ECF. (rdz) |
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