Green v. Westchester (D.O.C.)
Thomas L. Green |
Westchester (D.O.C.) and Westchester County |
7:2018cv09167 |
October 3, 2018 |
US District Court for the Southern District of New York |
Nelson Stephen Roman |
Prisoner: Prison Condition |
42 U.S.C. ยง 1983 |
Plaintiff |
Docket Report
This docket was last retrieved on June 20, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 8 PRO SE MEMORANDUM, dated 10/12/18 re: CHANGE OF ADDRESS for Thomas L. Green. New Address: 301 Quarropas Street, Apt. 5D, White Plains, New York, 10601. (sc) |
Filing 7 FRCP 4 SERVICE PACKAGE MAILED to Thomas L. Green ID No. 14438 Westchester County Jail P.O. Box 10 Valhalla, NY 10595, at, on 10/11/2018 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) |
SUMMONS ISSUED as to Westchester County. (nb) |
FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 10/11/2018 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) Westchester County. (nb) |
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 Department of Correction because it lacks the capacity to be sued in its own name. The Clerk of Court is directed under Fed. R. Civ. P. 21, to add Westchester County as a Defendant. The Clerk of Court is further instructed to complete the USM-285 form with the address for Defendant Westchester County 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). SO ORDERED. Westchester County added. Westchester (D.O.C.) terminated. (Signed by Judge Nelson Stephen Roman on 10/10/2018) (ne) Transmission to Docket Assistant Clerk for processing. |
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 10/9/2018) (sac) Transmission to Docket Assistant Clerk for processing. |
Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Thomas L. Green ID No. 14438 Westchester County Jail P.O. Box 10 Valhalla, NY 10595; The Superintendent Westchester County Jail P.O. Box 10 Valhalla, NY 10595. (vba) |
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) |
NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Unassigned is no longer assigned to the case. (wb) |
Filing 3 PRISONER AUTHORIZATION. Document filed by Thomas L. Green.(sac) |
Filing 2 COMPLAINT against Westchester (D.O.C.). Document filed by Thomas L. Green. (sac) |
Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Thomas L. Green.(sac) |
Case Designated ECF. (sac) |
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