Cato v. Westchester Medical Center et al
| Reynold Cato |
| Westchester Medical Center, Mark Miller, Deputy Superintendent of Medical "T", Doctor Ozu, Doctor Ashton "A", Nurse Brewer, Nurse Andrew, Nurse Mathew, Nurse Solstice, Nurse Alexandria, The State of New York, Doctor McGill, Deputy Superintendent Tuey, Doctor Bentevenjz, Sergeant Noriega, Jane Doe Assistant Commissioner, Jane Doe PREA Deputy Superintendent, First Deputy Superintendent Williams, Deputy Superintendent Demshik, DOCCS Special Investigations Officer Shawn Hanley and Deacon Brucner |
| 7:2024cv02209 |
| March 22, 2024 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on May 2, 2024. A more recent docket listing may be available from PACER.
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Filing 9
INFORMATION PACKAGE MAILED to Reynold Cato 09-A-4912 Elmira Correctional Facility 1879 Davis Street P.O. Box 500 Elmira, NY 14901-0500, at, on 5/2/2024 Re: #7 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. (aan)
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| Filing 8 SUMMONS ISSUED as to Alexandria, Brewer, Deacon Brucner, DOCCS Special Investigations Officer Shawn Hanley, Deputy Superintendent Demshik, Deputy Superintendent Tuey, Doctor Ashton, Doctor Bentevenjz, Doctor Ozu, First Deputy Superintendent Williams, Mathew, McGill, Mark Miller, Sergeant Noriega, Solstice, Westchester Medical Center. (aan) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 5/2/2024 Re: Judge Cathy Seibel #7 Order of Service. The following document(s) were enclosed in the Service Package: Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Alexandria, Brewer, Deacon Brucner, DOCCS Special Investigations Officer Shawn Hanley, Deputy Superintendent Demshik, Deputy Superintendent Tuey, Doctor Ashton, Doctor Bentevenjz, Doctor Ozu, First Deputy Superintendent Williams, Mathew, McGill, Mark Miller, Sergeant Noriega, Solstice, Westchester Medical Center. (aan) |
| Mailed a copy of #1 Complaint, #7 Order of Service, to Attorney General of the State of New York, at 28 Liberty Street, 16th Floor, New York, New York 10005. (aan) |
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Filing 7
ORDER OF SERVICE: The Court dismisses Plaintiff's claims against the State of New York. See 28 U.S.C. 1915(e)(2)(B)(iii); Fed. R. Civ. P. 12(h)(3). The Court also directs the Clerk of Court to mail an information package to Plaintiff. The Court further directs the Clerk of Court to add the following individuals as defendants: (1) Jane Doe Assistant Commissioner, (2) Jane Doe PREA Deputy Superintendent, (3) First Deputy Superintendent Williams, (4) Deputy Superintendent Demshik, (5) DOCCS Special Investigations Officer Shawn Hanley, and (5) Deacon Brucner. See Fed. R. Civ. P. 21. The Court additionally directs the Clerk of Court to issue summonses for the identified defendants (Defendants Westchester Medical Center, Miller, Tuey, Ozu, Ashton, Brewer, Mathew, Solstice, Alexandria, McGill, Bentevejnz, Noriega, Williams, Demshik, Hanley, and Brucner), complete USM-285 forms with the service addresses of each of those defendants, and deliver all documents necessary to effect service of the summonses and the complaint on those defendants to the United States Marshals Service. The Court directs the Clerk of Court to mail a copy of this order and a copy of the complaint to the Attorney General of the State of New York, at 28 Liberty Street, 16th Floor, New York, New York 10005. An 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 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. Jane Doe Assistant Commissioner, Jane Doe PREA Deputy Superintendent, First Deputy Superintendent Williams, Deputy Superintendent Demshik, DOCCS Special Investigations Officer Shawn Hanley and Deacon Brucner added. The State of New York terminated. (Signed by Judge Cathy Seibel on 4/24/2024) (mml)
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| Transmission to Pro Se Assistants. Transmitted re: #7 Order of Service to the Pro Se Assistants for processing. (mml) |
| Magistrate Judge Judith C. McCarthy 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 Cathy Seibel. Judge Unassigned is no longer assigned to the case. (sgz) |
| MAILING RECEIPT: Document No: 5. Mailed to: Reynold Cato 09-A-4912 Elmira Correctional Facility 1879 Davis Street P.O. Box 500 Elmira, NY 14901-0500. ; and to Warden, Elmira Correctional Facility (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 3/26/2024) (vn)
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| MAILING RECEIPT: Document No: 4. Mailed to: Reynold Cato 09-A-4912 Elmira Correctional & Reception Center P.O. Box 500 Elmira, NY 14902-0600. (anc) Modified on 3/26/2024 (anc). |
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Filing 4
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 partys 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 courts 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 parties 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 courts records. SO ORDERED. (Signed by Chief Judge Laura Taylor Swain on 3/18/2024) (rdz)
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Reynold Cato..(rdz) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Reynold Cato..(rdz) |
| Filing 1 COMPLAINT against Alexandria, Andrew, Brewer, Deputy Superintendent of Medical "T", Doctor Ashton "A", Doctor Ozu, Mathew, McGill, Mark Miller, Solstice, The State of New York, Westchester Medical Center. Document filed by Reynold Cato..(rdz) |
| Case Designated ECF. (rdz) |
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