Fernandez v. Lowe et al
| Pablo Fernandez |
| Sergeant Todd Paroline, Dr. Felix Ezekwe, Leon Lowe, Correction Officer Leon Lowe, Quandera T. Quick and Captain Linda Carrington-Allen |
| 7:2018cv08887 |
| September 27, 2018 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 25, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Felix Ezekwe served on 10/23/2018, answer due 12/24/2018. Service was accepted by Janice Powers - Asst. AG. Document filed by Pablo Fernandez. (aea) |
| Filing 9 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint, served. Leon Lowe(Official Capacity) served on 10/22/2018, answer due 12/21/2018; Leon Lowe(Individually) served on 10/22/2018, answer due 12/21/2018. Service was made by Mail, signed and returned by Janice Powers, AAG-NYS. Document filed by Pablo Fernandez. (sc) |
| Filing 8 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint, served. Todd Paroline(Individual) served on 10/22/2018, answer due 12/21/2018; Todd Paroline(Official Capacity) served on 10/22/2018, answer due 12/21/2018. Service was made by Mail, signed and returned by Janice Powers, AAG-NYS. Document filed by Pablo Fernandez. (sc) |
| Prisoner Trust Fund Account Statement by Pablo Fernandez.(vn) |
Filing 7
FRCP 4 SERVICE PACKAGE MAILED to Pablo Fernandez 96-A-5040 Fishkill Correctional Facility 271 Matteawan Road P.O. Box 1245 Beacon, NY 12508, at, on 10/2/2018 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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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 Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Correction Officer Leon Lowe, Sergeant Todd Paroline, Lieutenant John McMorrow, Captain Linda Carrington-Allen, Quandera T. Quick, and Dr. Feliz Ezekwe 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. (Signed by Judge Vincent L. Briccetti on 10/1/2018) (rro)
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| SUMMONS ISSUED as to Linda Carrington-Allen, Felix Ezekwe, Leon Lowe, Todd Paroline, Quandera T. Quick and John McMorrow. (nb) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 10/2/2018 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) Linda Carrington-Allen, Felix Ezekwe, Leon Lowe, Todd Paroline, Quandera T. Quick and John McMorrow. (nb) |
| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Pablo Fernandez 96-A-5040 Fishkill Correctional Facility 271 Matteawan Road P.O. Box 1245 Beacon, NY 12508; The Superintendent Fishkill Correctional Facility 271 Matteawan Road P.O. Box 1245 Beacon, NY 12508. (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 9/28/2018) (sac) Transmission to Docket Assistant Clerk for processing.
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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. (ma) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (ma) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Pablo Fernandez.(rdz) |
| Filing 2 COMPLAINT against Linda Carrington-Allen(Individual), Linda Carrington-Allen(Official Capacity), Felix Ezekwe, Leon Lowe(Official Capacity), Leon Lowe(Individually), Todd Paroline(Individual), Todd Paroline(Official Capacity), Quandera T. Quick. Document filed by Pablo Fernandez.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Pablo Fernandez.(rdz) |
| Case Designated ECF. (rdz) |
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