Scott v. Westchester County Jail et al
Plaintiff: Prince D. Scott
Defendant: C.O. Scaramuzzo, Sgt. Rene, Westchester County Jail, Westchester County Department of Corrections, C.O. Vasquez, C.O. Allen and County of Westchester
Case Number: 7:2018cv07203
Filed: August 8, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Vincent L Briccetti
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2018 Opinion or Order Filing 10 ORDER granting #9 Letter Motion for Extension of Time to Answer: Defendants' time to answer, move, or otherwise respond to the complaint is extended to 10/31/2018. Defense counsel shall provide plaintiff's current or last known address by the same date. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Briccetti, Vincent) Transmission to Docket Assistant Clerk for processing.
October 1, 2018 Opinion or Order Mailed a copy of 10 Order on Motion for Extension of Time to Answer, to Prince D. Scott ID No. 187293 Westchester County Jail P.O. Box 10 Valhalla, NY 10595. (vba)
September 30, 2018 Opinion or Order Filing 9 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Vincent L. Briccetti from Mondaire L. Jones dated 9/30/18. Document filed by Allen, County of Westchester, Rene, Scaramuzzo, Vasquez.(Jones, Mondaire)
September 30, 2018 Opinion or Order Filing 8 NOTICE OF APPEARANCE by Mondaire Lamar Jones on behalf of Allen, County of Westchester, Rene, Scaramuzzo, Vasquez. (Jones, Mondaire)
September 11, 2018 Opinion or Order Filing 7 FRCP 4 SERVICE PACKAGE MAILED to Prince D. Scott ID No. 187293 Westchester County Jail P.O. Box 10 Valhalla, NY 10595 on 9/11/2018 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)
September 11, 2018 Opinion or Order SUMMONS ISSUED as to Allen, County of Westchester, Rene, Scaramuzzo, Vasquez. (sbr)
September 11, 2018 Opinion or Order FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 9/11/208 Re: Judge Vincent L. Briccetti #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)County of Westchester, Correction Officer Vasquez, Correction Officer Scaramuzzo, Correction Officer Allen, and Sergeant Rene. (sbr)
September 10, 2018 Opinion or Order Filing 6 ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Court dismisses Plaintiff's claims against Westchester County Jail, the Westchester County Department of Correction, and "non-state municipal officials." The Clerk of Court is directed to add the County of Westchester as a defendant under Fed. R. Civ. P. 21. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for County of Westchester, Correction Officer Vasquez, Correction Officer Scaramuzzo, Correction Officer Allen, and Sergeant Rene and deliver to the U.S. Marshals Service all documents necessary to effect service. Local Civil Rule 33.2 applies to this action. 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 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. (USM-285 Form due by 10/10/2018., Request for Issuance of Summons due by 10/10/2018.) Party County of Westchester added. Westchester County Department of Corrections (Non-State municipal officials in their individual and official capacities. (Acting under state of color of law)) and Westchester County Jail ((WCDOC)) terminated. (Signed by Judge Vincent L. Briccetti on 9/10/2018) (mml)
September 10, 2018 Opinion or Order Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Prince D. Scott ID No. 187293 Westchester County Jail P.O. Box 10 Valhalla, NY 10595; The Superintendent Westchester County Jail P.O. Box 10 Valhalla, NY 10595. (vba)
September 10, 2018 Opinion or Order Magistrate Judge Judith C. McCarthy 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. (wb)
September 10, 2018 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (wb)
September 4, 2018 Opinion or Order Filing 4 ORDER GRANTING IFP APPLICATION IN PRISONER CASE: 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. SO ORDERED. (Signed by Judge Colleen McMahon on 9/4/2018) (anc) Transmission to Docket Assistant Clerk for processing.
September 4, 2018 Opinion or Order Case Designated Local Rule 33.2. (ees)
August 8, 2018 Opinion or Order Filing 3 PRISONER AUTHORIZATION. Document filed by Prince D. Scott.(sac)
August 8, 2018 Opinion or Order Filing 2 COMPLAINT against Allen, Rene, Scaramuzzo, Vasquez, Westchester County Department of Corrections, Westchester County Jail. Document filed by Prince D. Scott. (sac)
August 8, 2018 Opinion or Order Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Prince D. Scott.(sac)
August 8, 2018 Opinion or Order Case Designated ECF. (sac)

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Defendant: C.O. Scaramuzzo
Represented By: Mondaire Lamar Jones
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Defendant: Sgt. Rene
Represented By: Mondaire Lamar Jones
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Defendant: Westchester County Jail
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Defendant: Westchester County Department of Corrections
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Defendant: C.O. Vasquez
Represented By: Mondaire Lamar Jones
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Defendant: C.O. Allen
Represented By: Mondaire Lamar Jones
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Defendant: County of Westchester
Represented By: Mondaire Lamar Jones
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Plaintiff: Prince D. Scott
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