Francis v. City of New York et al
| Hopeton K. Francis |
| City of New York, Deputy Salmon, Mrs. Colette, Captain John Doe and Officer Garcia |
| 1:2024cv02530 |
| April 2, 2024 |
| US District Court for the Southern District of New York |
| Margaret M Garnett |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 22, 2024. A more recent docket listing may be available from PACER.
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Filing 10
INFORMATION PACKAGE MAILED to Hopeton K. Francis 349 240 0607 North Infirmary Command 1500 Hazen Street East Elmhurst, NY 11370, at, on 5/13/2024 Re: #9 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 #1 Complaint, #9 Order of Service to New York City Law Department 100 Church Street, New York, N.Y. 10007. (nb) |
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Filing 9
ORDER OF SERVICE: Accordingly, it is hereby ORDERED that the New York City Law Department, which is the attorney for and agent of the New York City Department of Correction, ascertain the identity and badge number of the John Doe whom Plaintiff seeks to sue here and the address where the defendant may be served. The New York City Law Department 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 defendant. 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 asking Defendant to waive service. Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so. Finally, the Clerk of Court is respectfully directed to 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, Deputy Salmon, Nurse Administrator Mrs. Colette, and Officer Garcia waive service of summons. The Clerk of Court is further directed to: (1) mail a copy of this Order and the complaint to the New York City Law Department at: 100 Church Street, New York, N.Y. 10007; and (2)mail an information package to Plaintiff. (And as further set forth herein.) SO ORDERED. Waiver of Service due by 6/6/2024. (Signed by Judge Margaret M. Garnett on 5/7/2024) (Attachments: #1 Exhibit Amended Complaint Form) (jca) Transmission to Pro Se Assistants for processing.
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| Magistrate Judge Robyn F. Tarnofsky 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 Margaret M. Garnett. Judge Unassigned is no longer assigned to the case. (vba) |
| Pro Se Payment of Fee Processed: $10.39 Check processed by the Finance Department on 05/01/2024, Receipt Number 28988. (ss) |
| Filing 7 PRO SE MEMORANDUM dated 4/17/2024 re: CHANGE OF ADDRESS for Hopeton K. Francis. New Address: 349 2100 607, North Infirmary Command, 1500 Hazen Street, New York, NY, 11370. (rro) |
| MAILING RECEIPT: Document No: 5. Mailed to: Hopeton K. Francis 3492400607 E.M.T.C. 10-10 Hazen Street Queens, NY 11370. (nb) |
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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 Plaintiffs 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 Plaintiffis 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 Plaintiffs obligation to promptly submit a written notification to the Court if Plaintiffs address changes, and the Court may dismiss the action if Plaintiff fails to do so. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/10/2024) (sha)
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| Filing 6 PRO SE MEMORANDUM re: CHANGE OF ADDRESS for Hopeton K. Francis. New Address: 3492400607, 1500 Hazen St, East Elmhurst, NY, 11370. (rro) |
| MAILING RECEIPT: Document No: 4. Mailed to: Hopeton K. Francis 3492400607 E.M.T.C. 10-10 Hazen Street Queens, NY 11370. (nb) |
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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 Hopeton K. Francis..(rdz) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Hopeton K. Francis..(rdz) |
| Filing 1 COMPLAINT against Captain John Doe, City of New York, Colette, Officer Garcia, Salmon. Document filed by Hopeton K. Francis..(rdz) |
| Case Designated ECF. (rdz) |
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