Etuk v. City of New York et al
| Akaniyene William Etuk |
| City of New York and Officer Frias |
| 1:2024cv04962 |
| June 24, 2024 |
| U.S. District Court for the Southern District of New York |
| Stewart D Aaron |
| Gregory H Woods |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| MAILING RECEIPT: Document No: 9. Mailed to: Akaniyene William Etuk 2402 Atlantic Avenue Brooklyn, NY 11233. (nb) |
Filing 11
INFORMATION PACKAGE MAILED to Akaniyene William Etuk 2402 Atlantic Avenue Brooklyn, NY 11233, at, on 8/19/2024 Re: #8 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, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (nb)
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| Filing 10 SUMMONS ISSUED as to City of New York. (nb) |
| FRCP 4 SERVICE PACKAGE DELIVERED TO U.S.M.: on 8/19/2024 Re: Judge Gregory H. Woods #8 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 New York. (nb) |
| Filing 12 AMENDED COMPLAINT amending #1 Complaint against City of New York, Frias. Document filed by Akaniyene William Etuk. Related document: #1 Complaint. (mml) Modified on 8/20/2024 (mml). |
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Filing 9
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) All such motions. Referred to Magistrate Judge Stewart D. Aaron. (Signed by Judge Gregory H. Woods on 8/16/2024) (mml)
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Filing 8
ORDER OF SERVICE: The Court directs the Clerk of Court to mail an information package to Plaintiff. For the reasons discussed above, the Court: (1) dismisses Plaintiff's claims against the NYPD, for failure to state a claim on which relief may be granted, see 28 U.S.C. 1915(e)(2)(B)(ii); and (2) directs the Clerk of Court to (a) add the City of New York as a defendant, under Rule 21 of the Federal Rules of Civil Procedure, (b) issue a summons for the City of New York, (c) complete a USM-285 form with the service address for the City of New York, and (d) deliver all documents necessary to effect service of the summons and the complaint o n the City of New York to the USMS. The Court also directs the Clerk of Court to mail a copy of this order and a copy of the complaint to the Corporation Counsel of the City of New York at 100 Church Street, New York, New York 10007. 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. City of New York added. New York City Police Department terminated. (Signed by Judge Gregory H. Woods on 8/16/2024) (mml) Transmission to Pro Se Assistants for processing.
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| 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. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Unassigned is no longer assigned to the case. (vba) |
| Filing 6 LETTER addressed to Pro Se Intake Unit from Akaniyene William Etuk dated 7/3/2024 re: Plaintiff does not have a pacer account so he would like to opt-out of electronic mailing. Document filed by Akaniyene William Etuk.(tro) |
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Filing 5
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 7/2/2024) (vn)
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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 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Akaniyene William Etuk consents to receive electronic service via the ECF system. Document filed by Akaniyene William Etuk. (sac) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Akaniyene William Etuk. (sac) |
| Filing 1 COMPLAINT against Frias, New York City Police Department. Document filed by Akaniyene William Etuk. (sac) |
| Case Designated ECF. (sac) |
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