Smith-Daye v. City of Poughkeepsie et al
| David P. Smith-Daye |
| City of Poughkeepsie, Dutchess County Jail, City of Poughkeepsie Police and John Doe Police Officers 1-3 |
| 7:2024cv03555 |
| May 2, 2024 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 25, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. City of Poughkeepsie served on 5/30/2024, answer due 7/29/2024. Service was accepted by Rebecca A. Valk, Esq.. Service was made by MAIL. Document filed by David P. Smith-Daye. (tg) |
Filing 9
INFORMATION PACKAGE MAILED to David P. Smith-Daye Dutchess County Jail 150 North Hamilton Street Poughkeepsie, NY 12601, at, on 5/17/2024 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 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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| Filing 8 SUMMONS ISSUED as to City of Poughkeepsie. (nb) |
| FRCP 4 SERVICE PACKAGE DELIVERED TO U.S.M.: on 5/17/2024 Re: Judge Philip M. Halpern #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) City of Poughkeepsie. (nb) |
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Filing 7
ORDER OF SERVICE: The Court dismisses Plaintiff's claims against the Dutchess County Jail for failure to state a claim on which relief may be granted. See 28 U.S.C. 1915(e)(2)(B)(ii). The Court also dismisses Plaintiff's claims against the City of Poughkeepsie Police because city agencies or departments do not have the capacity to be sued under New York law. The Court directs the Clerk of Court to add to the caption of the complaint John Doe Police Officers 1-3. The Clerk of Court is directed to mail a copy of this order and the complaint to City of Poughkeepsie Corporation Counsel at: 62 Civic Center, 3rd Floor, Poughkeepsie, NY 12601. The Clerk of Court is instructed to issue a summons for the City of Poughkeepsie, complete the USM-285 form with the address for this Defendant, and deliver all documents necessary to effect service to the U.S. Marshals Service. Finally, the Clerk of Court is instructed to mail an information package to Plaintiff. SO ORDERED. (Signed by Judge Philip M. Halpern on 5/15/2024) (jca) Transmission to Pro Se Assistants for processing.
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| Magistrate Judge Andrew E. Krause 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 Philip M. Halpern. Judge Unassigned is no longer assigned to the case. (sgz) |
| MAILING RECEIPT: Document No: 5. Mailed to: David P. Smith-Daye Dutchess County Jail 150 North Hamilton Street Poughkeepsie, NY 12601. ; and to Warden, Dutchess County Jail (sha) |
| MAILING RECEIPT: Document No: 4. Mailed to: David P. Smith-Daye Dutchess County Jail 150 North Hamilton Street Poughkeepsie, NY 12601. (sha) |
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Filing 4
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 3/18/2024) (sac)
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| 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. (sac) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by David P. Smith-Daye. (sac) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by David P. Smith-Daye. (sac) |
| Filing 1 COMPLAINT against City of Poughkeepsie, City of Poughkeepsie Police, Dutchess County Jail. Document filed by David P. Smith-Daye. (sac) |
| Case Designated ECF. (sac) |
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