Harvey v. Melville et al
| Umar Harvey |
| Captain Melville, Anthony Annucci and Albert Prack |
| 7:2018cv07043 |
| August 3, 2018 |
| U.S. District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 10, 2018. A more recent docket listing may be available from PACER.
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Filing 7
FRCP 4 SERVICE PACKAGE MAILED to Umar Harvey DIN No. 92-A-2580 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403 on 9/10/2018 Re: #6 Order of Service, via REGULAR MAIL. 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. (sbr)
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| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 9/10/2018 Re: Judge Nelson Stephen Roman #6 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Captain Melville, Anthony Annucci, Albert Prack. (sbr) |
| SUMMONS ISSUED as to All Defendants. (sbr) |
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Filing 6
ORDER OF SERVICE: To allow Plaintiff to effect service on Defendants Captain Melville, Albert Prack, and Anthony Annucci, through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for each of these defendants. The Clerk of Court is further instructed to issue summonses and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon these defendants. Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so. Local Civil Rule 33.2, which requires defendants in certain types of prisoner cases to respond to specific, court-ordered discovery requests, applies to this action. Those discovery requests are available on the Court's website under "Forms" and are titled "Plaintiff's Local Civil Rule 33.2 Interrogatories and Requests for Production of Documents." Within 120 days of service of the complaint, Defendants must serve responses to these standard discovery requests. In their responses, Defendants must quote each request verbatim. The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Defendants Captain Melville, Albert Prack, and Anthony Annucci, issue summonses, and deliver all documents necessary to effect service to the U.S. Marshals Service. Local Civil Rule 33.2 applies to this action. 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 in forma pauperis 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. (Signed by Judge Nelson Stephen Roman on 9/7/2018) (rj)
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| Case Designated Local Rule 33.2. (dol) |
| Magistrate Judge Paul E. Davison is so designated. 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: #http://nysd.uscourts.gov/forms.php. (ma) |
| NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Unassigned is no longer assigned to the case. (ma) |
| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Umar Harvey DIN No. 92-A-2580 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403; The Superintendent Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403. (vba) |
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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. 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 Plaintiff's 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 Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. The Clerk of Court is also directed to send a copy of this order to Plaintiff and note service on the docket. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Colleen McMahon on 8/9/2018) (sac)
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| Transmission to Docket Assistant Clerk. Transmitted re: #4 Order Granting IFP Application in Prisoner Case, to the Docket Assistant Clerk for case processing. (sac) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Umar Harvey.(sac) |
| Filing 2 COMPLAINT against Anthony Annucci, Melville, Albert Prack. Document filed by Umar Harvey.(sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Umar Harvey.(sac) |
| Case Designated ECF. (sac) |
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