Murray v. City of New York et al
Plaintiff: Robert Murray
Defendant: C.O. Kayla Tomasik, Dept. Hamuton, C.O. Jeffrey Monagan, City of New York, Capt. George Toliver, C.O. Pratt, C.O. Elias Philogene, C.O. Delron Dawkins, Captain Banks, John Doe C.O., C.O. Korab Hasangjekaj, Capt. Brian Payne and C.O. Jane Doe 5
Case Number: 1:2024cv03758
Filed: May 14, 2024
Court: US District Court for the Southern District of New York
Presiding Judge: Stewart D Aaron
Referring Judge: Jessica G L Clarke
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 10, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 10, 2024 Opinion or Order Filing 12 ORDER: NOW, THEREFORE, it is hereby ORDERED, as follows: 1. In the interest of judicial efficiency and given the deadlines previously included in the Order of Service, the Court hereby adjourns the Waived Defendants' deadline to Answer or otherwise respond to the Complaint sine die. 2. The Courts request for City of New York, Capt. Banks, and Dept. Hamuton to waive service remains outstanding in accordance with the Order of Service. 3. The Law Departments obligation in accordance with the Valentin Order is enlarged to include any identifying information regarding C.O. Pratt since the DOC has stated that it "[n]eed[s] more information for identification." (Waiver of Service (Unexecuted).) 4. The Clerk of Court is directed to mail a copy of this Order to the Law Department at 100 Church Street, New York, NY 10007. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 7/10/2024) (tg)
July 10, 2024 Filing 11 WAIVER OF SERVICE RETURNED UNEXECUTED as to Pratt. Document filed by Pratt..(Sterinbach, Howard)
July 10, 2024 Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. Toliver waiver sent on 7/10/2024, answer due 9/9/2024; Tomasik waiver sent on 7/10/2024, answer due 9/9/2024; Monagan waiver sent on 7/10/2024, answer due 9/9/2024; Payne # 140 waiver sent on 7/10/2024, answer due 9/9/2024; Hasangjekaj waiver sent on 7/10/2024, answer due 9/9/2024; Philogene waiver sent on 7/10/2024, answer due 9/9/2024; Dawkins waiver sent on 7/10/2024, answer due 9/9/2024. Document filed by Toliver; Tomasik; Monagan; Payne # 140; Hasangjekaj; Philogene; Dawkins..(Sterinbach, Howard)
June 11, 2024 ***DELETED DOCUMENT. Deleted document number #10 PRO SE MEMORANDUM dated 6/3/2024 re: CHANGE OF ADDRESS. The document was incorrectly filed in this case. (sgz)
June 11, 2024 Filing 9 PRO SE MEMORANDUM dated 6/3/2024 re: CHANGE OF ADDRESS for Robert Murray. New Address: B&C: 9902300038, 1500 Hazen Street, East Elmhurst, NY, 11370. (sgz)
June 11, 2024 Opinion or Order Filing 8 INFORMATION PACKAGE MAILED to Robert Murray 990-23-00038 West Fac. 16-06 Hazen St. East Elmhurst, NY 11370, at, on 6/11/2024 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)
June 11, 2024 Mailed a copy of #1 Complaint, #7 Order of Service, to NYC Law Department at: 100 Church Street, New York, NY 10007. (nb)
June 6, 2024 MAILING RECEIPT: Document No: 6. Mailed to: Robert Murray 990-23-00038 West Fac. 16-06 Hazen St. East Elmhurst, NY 11370. (vn)
June 5, 2024 Opinion or Order Filing 7 ORDER OF SERVICE: The Clerk of Court is directed to electronically notify DOC and the Law Department this Order. The Court requests that the City of New York; Dept. Hamuton; C.O. Philogene, Shield No. 8360; C.O. Dawkins, Shield No. 7198; Capt. Toliver, Shield No. 1291; C.O. Monagan, Shield No. 12320; C.O. Hasangjekaj, Shield No. 2071; C.O. Tomasik, Shield No. 19746; Payne, Shield No. 140; C.O. Pratt; and Captain Banks waive service of summons. The Clerk of Court is directed to mail a copy of this Order and the complaint to the Law Department at: 100 Church Street, New York, NY 10007. The Clerk of Court is also directed to mail an information package to Plaintiff. Local Civil Rule 33.2 applies to this action. SO ORDERED. Waiver of Service due by 7/8/2024. (Signed by Magistrate Judge Stewart D. Aaron on 6/5/2024) (mml) Transmission to Pro Se Assistants for processing.
June 4, 2024 Opinion or Order Filing 6 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Stewart D. Aaron. All such motions. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 6/4/2024) (jca)
June 2, 2024 Magistrate Judge Stewart D. Aaron 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. (laq)
June 2, 2024 NOTICE OF CASE REASSIGNMENT to Judge Jessica G. L. Clarke. Judge Unassigned is no longer assigned to the case. (laq)
May 28, 2024 MAILING RECEIPT: Document No: 4. Mailed to: Robert Murray 990-23-00038 West Fac. 16-06 Hazen St. East Elmhurst, NY 11370. (nb)
May 25, 2024 Opinion or Order Filing 4 ORDER GRANTING IFP APPLICATION IN PRISONER CASE: Plaintiff's application for leave to proceed without prepayment of fees is granted. A prisoner bringing a civil action is required to pay the full $350 filing fee even when proceeding in forma pauperis (IFP), that is, without prepayment of fees.... The Court must collect, when funds exist in a prisoner's account, an initial partial filing fee plus monthly payments.... Accordingly, the Clerk of the Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of the Plaintiff.... The Clerk of the Court is also directed to send a copy of this order to Plaintiff and note service on the docket.... (Signed by Judge Laura Taylor Swain on 5/25/2024) (nb)
May 14, 2024 Filing 3 PRISONER AUTHORIZATION. Document filed by Robert Murray..(rdz)
May 14, 2024 Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Robert Murray..(rdz)
May 14, 2024 Filing 1 COMPLAINT against C.O. Jane Doe 5, City of New York, Dawkins, Hamuton, Hasangjekaj, John Doe C.O., Monagan, Payne # 140, Philogene, Pratt, Toliver, Tomasik. Document filed by Robert Murray..(rdz) (Additional attachment(s) added on 5/17/2024: #1 Exhibit 1) (rdz).
May 14, 2024 Case Designated ECF. (rdz)

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Defendant: C.O. Kayla Tomasik
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Defendant: Dept. Hamuton
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Defendant: C.O. Jeffrey Monagan
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Defendant: City of New York
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Defendant: Capt. George Toliver
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Defendant: C.O. Pratt
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Defendant: C.O. Elias Philogene
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Defendant: C.O. Delron Dawkins
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Defendant: Captain Banks
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Defendant: John Doe C.O.
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Defendant: C.O. Korab Hasangjekaj
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Defendant: Capt. Brian Payne
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Defendant: C.O. Jane Doe 5
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Plaintiff: Robert Murray
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