Dave v. City of Poughkeepsie et al
| David Smith Dave |
| City of Poughkeepsie, Dutchess County Jail and City of Poughkeepsie Police |
| 1:2024cv03520 |
| May 3, 2024 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Laura Taylor Swain |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 9, 2024. A more recent docket listing may be available from PACER.
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Filing 4
ORDER: On May 2, 2024, the Clerk's Office received Plaintiff David Smith-Daye's complaint, his application to proceed in forma pauperis ("IFP") and his prisoner authorization. Upon receipt of these three documents, the Clerk's Office erroneously opened two separate actions. This action was opened under docket number 24-CV-3520, but the Plaintiff's name was misspelled, and the prisoner authorization was not scanned and added to the electronic docket. The second case, Smith-Daye v. City of Poughkeepsie, ECF 1:24-CV-3555, 1, included all of the documents on the electronic docket and Plaintiff's name was spelled correctly. Accordingly, the Court concludes that this action was opened in error and dismisses the action without prejudice to Plaintiff's litigation of the 24-CV-3555 matter. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/9/2024) (mml)
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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) |
| MAILING RECEIPT: Document No: 3. Mailed to: David Smith Dave Dutchess County Jail 150 North Hamilton St. Poughkeepsie, NY 12601. (nb) |
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Filing 3
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). 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 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 court's 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 court's records. (Signed by Judge Laura Taylor Swain on 3/18/24) (rdz)
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| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by David Smith Dave..(rdz) |
| Filing 1 COMPLAINT against City of Poughkeepsie, City of Poughkeepsie Police, Dutchess County Jail. Document filed by David Smith Dave..(rdz) (Main Document 1 replaced on 5/9/2024) (nb). |
| Case Designated ECF. (rdz) |
| CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see #Rule 9.2 of the courts ECF Rules & Instructions for further information..(rdz) |
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