Auguste v. Department of Corrections et al
| Jean R. Auguste, Jr. |
| Deparatment of Corrections, Devon M. Radlin, Ilissa Brownstein, Sim and Defaula, Department of Homeless Services, Sim and DePaula, Captain Kelly, Officer Caruso, Officer Osborne, Project Renewal and CITY OF NEW YORK |
| 1:2024cv00921 |
| February 6, 2024 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Gary Stein |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| MAILING RECEIPT: Document No: 8. Mailed to: Jean R. Auguste Jr. 349-23-01256 Otis Bantum Correctional Center 16-00 Hazen Street East Elmhurst, NY 11370. (sha) |
Filing 9
ORDER OF SERVICE: The Court dismisses Plaintiff's claims against the New York City Department of Correction and New York City Department of Homeless Services. See N.Y. City Charter ch. 17, 396. The Clerk of Court is directed to add the City of New York as a Defendant under Fed. R. Civ. P. 21. 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 City of New York; Captain Kelly, Shield# 595 or 694; Officer Caruso, Shield # 1164; and Officer Osborne, Shield# 12425, waive service of summons. The Clerk of Court is further directed to issue summonses for Devon M. Radlin, Ilissa Brownstein, Samuel Christopher DePaola, and Project Renewal, complete the USM-285 forms with the addresses for these defendants, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is also directed to mail an information package to Plaintiff. 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 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). SO ORDERED. ( Waiver of Service due by 4/10/2024.) CITY OF NEW YORK added. Deparatment of Corrections and Department of Homeless Services terminated. (Signed by Judge Paul A. Engelmayer on 3/11/2024) (va) Transmission to Pro Se Assistants for processing.
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Filing 8
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 Gary Stein. (Signed by Judge Paul A. Engelmayer on 3/11/2024) (va)
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| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case. (vba) |
| 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) |
| Filing 6 LETTER from R. Auguste Jr. dated 2/20/24 re: I received the withdrawl letter that I lost. Mr. Seiback referred me to Nass Ropes & Levin, and sent me some pages to have signed and notarized etc. Document filed by Jean R. Auguste, Jr.(sc) |
| MAILING RECEIPT: Document No: 5. Mailed to: Jean R. Auguste Jr. 349-23-01256 Otis Bantum Correctional Center 16-00 Hazen Street East Elmhurst, NY 11370. (sha) |
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Filing 5
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 2/28/2024) (vn)
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| Filing 4 LETTER from Jean Auguste dated 2/6/24 re: Please accept my in Forma Pauperis.. Document filed by Jean R. Auguste, Jr..(rdz) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Jean R. Auguste, Jr..(rdz) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jean R. Auguste, Jr..(rdz) |
| Filing 1 COMPLAINT against Ilissa Brownstein, Deparatment of Corrections, Department of Homeless Services, Devon M. Radlin, Sim and Defaula. Document filed by Jean R. Auguste, Jr..(rdz) |
| Case Designated ECF. (rdz) |
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