Clark v. Hutchison et al
| Cleon Anthony Clark |
| Officer Hutchison and Officer Martinez |
| 7:2024cv02147 |
| March 21, 2024 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kenneth M Karas |
| Laura Taylor Swain |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 17, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 NOTICE OF APPEARANCE by Steven Joseph Bushnell on behalf of Hutchison, Martinez..(Bushnell, Steven) |
| Filing 12 CERTIFICATE OF SERVICE of Pre-Motion Letter served on Cleon Clark on 5/17/24. Service was made by Certified Mail. Document filed by Hutchison, Martinez..(Acquisto, Marykate) |
Filing 11
ORDER terminating #10 Letter Motion for Conference re: #10 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Marykate Acquisto dated May 16, 2024. Defendants' Motion to Dismiss is due 6/17/24. Plaintiff's response is due 7/16/24. Defense reply is due 6/1/24. The Clerk is to mail a copy of this document to Plaintiff. So Ordered. (Signed by Judge Kenneth M. Karas on 5/16/24) (yv)
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| Set/Reset Deadlines: Motions due by 6/17/2024. Responses due by 7/16/2024 Replies due by 8/1/2024. (yv) |
| Filing 10 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Marykate Acquisto dated May 16, 2024. Document filed by Hutchison, Martinez..(Acquisto, Marykate) |
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Filing 9
INFORMATION PACKAGE MAILED to Cleon Anthony Clark Reg. No. 167285 at Westchester County Jail P.O. Box 10 Valhalla, NY 10595, on 4/15/2024 Re: #8 Valentin Order. 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.(sha)
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| Mailed a copy of #8 Valentin Order, #1 Complaint to Corporation Counsel for the City of Mount Vernon, City Hall, 1 Roosevelt Square, Mount Vernon, NY 10550. (sha) |
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Filing 8
VALENTIN ORDER: Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the Court in identifying a defendant. 121 F.3d 72, 76 (2d Cir. 1997). In the Complaint, Plaintiff supplies sufficient information to permit the Corporation Counsel of the City of Mount Vernon to ascertain the full names of Officers Hutchinson and Martinez, and the identities of the three officers who were involved in the May 6, 2022, incident. It is therefore ordered that the Corporation Counsel of the City of Mount Vernon, which is the attorney for and agent of the Mount Vernon Police Department, must ascertain the identity and badge number of Officer Hutchinson, Officer Martinez, and the three John Does whom Plaintiff seeks to sue here and the address where Defendants may be served. The Corporation Counsel of the City of Mount Vernon must provide this information to Plaintiff and the Court within sixty days of the date of this Order. Within thirty days of receiving this information, Plaintiff must file an amended complaint naming the John Doe Defendants. The amended complaint will replace, not supplement, the original Complaint. An amended complaint form that Plaintiff should complete is attached to this Order. Once Plaintiff has filed an amended complaint, the Court will screen the amended complaint and, if necessary, issue an order directing the Clerk of Court to complete the USM-285 forms with the addresses for the named John Doe Defendants and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to: (1) mail a copy of this Order and the Complaint to the Corporation Counsel for the City of Mount Vernon, City Hall, 1 Roosevelt Square, Mount Vernon, NY 10550; and (2) mail an information package to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/11/24) (yv) Transmission to Pro Se Assistants for processing.
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| MAILING RECEIPT: Document No: 6. Mailed to: Cleon Anthony Clark Reg.No.167285 Westchester County Jail P.O. Box 10 Valhalla, NY 10595. (nb) |
| Magistrate Judge Victoria Reznik 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. (sgz) |
| NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Laura Taylor Swain is no longer assigned to the case. (sgz) |
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Filing 6
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 4/9/2024) (vn)
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| Filing 5 PRISONER AUTHORIZATION. Document filed by Cleon Anthony Clark..(kgo) |
| Filing 4 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Cleon Anthony Clark..(kgo) |
| MAILING RECEIPT: Document No: 2. Mailed to: Cleon Anthony Clark Reg.No.167285 Westchester County Jail P.O. Box 10 Valhalla, NY 10595. (rdz) |
| MAILING RECEIPT: Document No: 3. Mailed to: Cleon Anthony Clark Reg.No.167285 Westchester County Jail P.O. Box 10 Valhalla, NY 10595. (rdz) |
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Filing 3
ORDER DIRECTING PAYMENT OF FEES OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization 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). Filing Fee due by 4/22/2024. In Forma Pauperis (IFP) Application due by 4/22/2024. Prisoner Authorization Form due by 4/22/2024. (Signed by Judge Laura Taylor Swain on 3/22/2024) (sha)
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Filing 2
STANDING ORDER M10-468: To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the court's website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the courts electronic docket. A notice directing the partys attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. SO ORDERED. (Signed by Chief Judge Laura Taylor Swain on 3/18/2024) (sac)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sgz) |
| Filing 1 COMPLAINT against Hutchison, Martinez. Document filed by Cleon Anthony Clark. (sac) |
| Case Designated ECF. (sac) |
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