Fuentes v. Ossining Police Department et al
| Carlos Miguel Fuentes |
| Ossining Police Department, Sgt. Paul Schemmer and Village of Ossining |
| 7:2018cv08207 |
| September 5, 2018 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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Filing 11
ANSWER to Complaint with JURY DEMAND. Document filed by Ossining Police Department, Paul Schemmer, Village of Ossining. (Attachments: #1 Affidavit of Service)(Walsh, John)
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Filing 10
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Ossining Police Department served on 10/12/2018, answer due 12/11/2018. Service was accepted by Stuart Kahan. Document filed by Carlos Miguel Fuentes. (vba)
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Filing 9
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Paul Schemmer served on 10/12/2018, answer due 12/11/2018. Service was accepted by Stuart Kahan. Document filed by Carlos Miguel Fuentes. (vba)
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Filing 8
NOTICE OF APPEARANCE by John J. Walsh, II on behalf of Ossining Police Department, Paul Schemmer, Village of Ossining. (Walsh, John)
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Filing 7
FRCP 4 SERVICE PACKAGE MAILED to Carlos Miguel Fuentes 11 Dutch Street Montrose, NY 10548, at, on 10/4/2018 Re: #6 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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SUMMONS ISSUED as to Paul Schemmer, Village of Ossining. (nb)
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 10/5/2018 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) Paul Schemmer, Village of Ossining. (nb)
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Filing 6
ORDER OF SERVICE: To allow Plaintiff to effect service on Defendants Village of Ossining and Sergeant Paul Schemmer 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 a summons 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. 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 the Ossining Police Department. See 28 U.S.C. 1915(e)(2)(B)(ii). The Clerk of Court is directed to add the Village of Ossining 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 the Village of Ossining and Sergeant Paul Schemmer and deliver all documents necessary to effect service to the U.S. Marshals Service. 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., Village of Ossining added. Ossining Police Department terminated. (Signed by Judge Nelson Stephen Roman on 10/3/2018) (rj)
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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. (wb)
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NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Unassigned is no longer assigned to the case. (wb)
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Filing 4
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Colleen McMahon on 9/27/2018) (sac) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #4 Order Granting IFP Application to Carlos Miguel Fuentes 11 Dutch Street Montrose, NY 10548. (vba)
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Filing 3
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Carlos M. Fuentes consents to receive electronic service via the ECF system. Document filed by Carlos Miguel Fuentes.(mro)
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Filing 2
COMPLAINT against Ossining Police Department, Paul Schemmer. Document filed by Carlos Miguel Fuentes.(mro)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Carlos Miguel Fuentes.(mro)
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Case Designated ECF. (mro)
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