Torres v. Vasta et al
| Ricardo D. Torres |
| Detective Robert Vasta, County of Orange and City of Newburgh Police Department |
| 7:2018cv08706 |
| September 21, 2018 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Colleen McMahon |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on December 11, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 AFFIDAVIT OF SERVICE of Notice of Appearance served on Ricardo D. Torres on November 16, 2018. Service was made by Mail. Document filed by Robert Vasta. (Posner, David) |
| Filing 11 NOTICE OF APPEARANCE by David Lewis Posner on behalf of Robert Vasta. (Posner, David) |
| Pro Se Payment of Fee Processed:$25.00 Check processed by the Finance Department on 11/8/2018, Receipt Number 465401222183. (jvs) |
| Filing 10 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Robert Vasta served on 10/23/2018, answer due 12/22/2018. Service was accepted by Det. R. Vasta - Self. Document filed by Ricardo D. Torres. (aea) Modified on 11/2/2018 (aea). |
| Pro Se Payment of Fee Processed: $25.00 Check processed by the Finance Department on 10/26/2018, Receipt Number 465401221387. (cco) |
| SUMMONS ISSUED as to County of Orange, Robert Vasta. (nb) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 10/17/2018 Re: Judge Kenneth M. Karas #8 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 Orange, Robert Vasta. (nb) |
| Pro Se Payment of Fee Processed: $25.00 Check processed by the Finance Department on 10/16/2018, Receipt Number 465401220793. (vf) |
Filing 9
FRCP 4 SERVICE PACKAGE MAILED to Ricardo D. Torres ID No. 2018-01536 Orange County Correctional Facility 110 Wells Farm Road Goshen, NY 10924, at, on 10/16/2018 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 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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Filing 8
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 the City of Newburgh Police Department because the agency lacks the capacity to be sued in its own name. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Defendants Robert Vasta and the County of Orange and deliver to the U.S. Marshals Service all documents necessary to effect 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). (USM-285 Form due by 11/13/2018. Request for Issuance of Summons due by 11/13/2018.) City of Newburgh Police Department terminated. (Signed by Judge Kenneth M. Karas on 10/11/2018) (mml)
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| 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) |
| NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Colleen McMahon is no longer assigned to the case. (wb) |
| Pro Se Payment of Fee Processed: $25.00 Check processed by the Finance Department on 10/19/2018, Receipt Number 465401220903. (jgl) |
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Filing 6
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 10/5/2018) (sac) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #6 Order Granting IFP Application in Prisoner Case,to Ricardo D. Torres ID No. 2018-01536 Orange County Correctional Facility 110 Wells Farm Road Goshen, NY 10924; Superintendent 110 Wells Farm Rd, Goshen, NY 10924 Orange County Correctional Facilit. (aea) |
| Filing 5 PRISONER AUTHORIZATION. Document filed by Ricardo D. Torres.(sc) |
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Filing 4
ORDER DIRECTING UPDATED PRISONER AUTHORIZATION: Plaintiff is directed to submit a completed and signed Prisoner Authorization Form to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Prisoner Authorization Form due by 10/24/2018. (Signed by Judge Colleen McMahon on 9/24/2018) (Attachments: #1 Prisoner Authorization)(keb) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #4 Order Directing Updated Prisoner Authorization, to Ricardo D. Torres 2018-01536 Orange County Correctional Facility 110 Wells Farm Road Goshen, NY 10924. (aea) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (ma) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Ricardo D. Torres.(mro) Modified on 9/24/2018 (mro). |
| Filing 2 COMPLAINT against City of Newburgh Police Department, County of Orange, Robert Vasta. Document filed by Ricardo D. Torres.(mro) Modified on 9/24/2018 (mro). |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Ricardo D. Torres.(mro) Modified on 9/24/2018 (mro). |
| Case Designated ECF. (mro) |
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