Redd v. Garell et al
| Lorenzo Redd |
| P. Charles Garell, M.D., Wainwright, M.D., Westchester Medical Center and M.D. Remer |
| 7:2018cv09436 |
| October 15, 2018 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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Mailed a copy of #15 Endorsed Letter, to Lorenzo Redd 15-A-3881 Sing Sing C.F. 354 Hunter Street Ossining, NY 10562. (aea)
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Filing 15
MEMO ENDORSED ORDER addressed to Judge Vincent L. Briccetti from Lorenzo Redd dated 12/3/2018 re: Reasons concerning filing fees. ENDORSEMENT: In the attached letter dated December 3, 2018, plaintiff, proceeding pro se and in forma pauperis, requests for the second time the Court reduce the amount taken from plaintiff's prisoner's account to pay the filing fees for this action. Plaintiff's application is DENIED. As the Court explained in its Order dated November 28, 2018, the Court has no power to lower the fee amounts prescribed by statute. (Doc. #10). The Court will not respond to any additional requests for a reduction from plaintiff. In the future, plaintiff shall not submit any documents or other communications directly to Judge Briccetti's chambers. All submissions shall be sent to the Pro Se Clerk at: Pro Se Clerk, United States District Court, 300 Quarropas Street, White Plains, New York 10601. The Clerk of Court is directed to mail a copy of this Order to plaintiff at the address on the docket. 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). (Signed by Judge Vincent L. Briccetti on 12/7/2018) (mml) Transmission to Docket Assistant Clerk for processing.
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Filing 14
SCHEDULING ORDER: This matter has been scheduled before the Honorable Vincent L. Briccetti, United States District Judge, for a telephone conference on 1-7-19 at 10:00 a.m. Defense counsel shall appear in person, and plaintiff shall appear by telephone. Telephone Conference set for 1/7/2019 at 10:00 AM before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 12/7/2018) Copies Mailed By Chambers. (mml)
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Filing 13
AFFIDAVIT OF SERVICE of Answer to Complaint, Disclosure Statement Fed.R.Civ.P.7.1, Certificate of Service and Rule 26 Demand for Disclosure served on LORENZO REDD on 12/7/2018. Service was made by MAIL. Document filed by Westchester Medical Center. (Bave, William)
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Filing 12
RULE 26 DISCLOSURE.Document filed by Westchester Medical Center.(Bave, William)
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Filing 11
ANSWER to #2 Complaint with JURY DEMAND. Document filed by Westchester Medical Center. (Attachments: #1 Disclosure Statement Fed.R.Civ.P.7.1, #2 Certificate of Service)(Bave, William)
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Mailed a copy of #10 Order, to Lorenzo Redd 15-A-3881 Sing Sing C.F. 354 Hunter Street Ossining, NY 10562. (aea)
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Filing 10
ORDER: Plaintiff's application is DENIED. A prisoner bringing a civil action is required to pay the full $350 filing fee even when proceeding in forma pauperis, that is, without prepayment of fees. See 28 U.S.C. 1915(b)(1). The Court must collect, when funds exist in a prisoner's account, an initial partial filing fee plus monthly payments. The agency having custody of the prisoner shall forward payments from the prisoner's account to the Clerk of Court each time the amount in the account exceeds $10, until the filing fees are paid. 28 U.S.C. 1915(b)(2); see also In the Matter of the Prison Litigation Reform Act, Second Amended Standing Order, M10-468 (S.D.N.Y May 26, 2010) (requiring agencies to calculate and remit the statutory fees for litigants in their custody). Plaintiff has executed a prisoner authorization that authorizes the agency having custody of plaintiff, or any agency to which plaintiff is transferred, to send a certified copy of plaintiff's prison trust fund account for the past six months to this Court. (Doc. #3). The prisoner authorization further authorizes the agency to calculate the amounts specified by 28 U.S.C. 1915, to deduct those amounts from plaintiff's prison trust fund account (or institutional equivalent), and to disburse those amounts to this Court. The Court has no power to lower the amounts prescribed by statute, and accordingly, plaintiff's request to lower the deductions is DENIED. The Clerk of Court is directed to mail a copy of this Order to plaintiff at the address on the docket. 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). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/28/2018) (anc) Transmission to Docket Assistant Clerk for processing.
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Filing 9
LETTER addressed to Judge Colleen McMahon from L. Redd dated 11/23/18 re: Plaintiff writes this letter to the Court about matters concerning the filing fees coming out of his Inmate Account; he requests that the Court lower the amount which is taken out of his account, and that he can live with $25.00 to $30.00 dollars a month etc. Document filed by Lorenzo Redd.(sc)
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Request for Copies/Transcripts/Docket Sheet Processed: Mailed letter to Lorenzo Redd 15-A-3881 at Sing Sing C.F. 354 Hunter Street Ossining, NY 10562 advising that copy/copies of the Complaint and Docket Sheet requested will be furnished upon receipt of the statutory fee of $10.50 in the form of a company check, certified check or money order payable to the Clerk of the Court, SDNY. (jri)
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Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Lorenzo Redd 15-A-3881 Sing Sing C.F. 354 Hunter Street Ossining, NY 10562 on 11/26/2018. (nb)
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Filing 8
LETTER from L. Redd, dated 11/15/18 re: Plaintiff requests that the Court inform him as to whether his 42:1983 Complaint was processed; and that a copy of tthe Complaint be sent to him because he cannot find his copy.. Document filed by Lorenzo Redd.(sc)
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Request for Copies of updated Docket Sheet and Document Received: Re #8 Letter. Request for Docket Report, a copy of the Complaint from Lorenzo Redd received on 11/20/18. Transmission to Records Management for processing Complaint and Transmission to Pro Se Assistants for processing Docket Sheet. (sc) Modified on 11/23/2018 (sc).
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Filing 7
FRCP 4 SERVICE PACKAGE MAILED to Lorenzo Redd 15-A-3881 Sing Sing C.F. 354 Hunter Street Ossining, NY 10562, at, on 11/19/2018 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 Drs. Garell, Wainwright, and Remer, as well as the Westchester Medical Center, and deliver all documents necessary to effect service on these defendants 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 IFP 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 11/19/2018) (jwh)
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SUMMONS ISSUED as to P. Charles Garell, MD, Remer, Wainwright, MD, Westchester Medical Center. (nb)
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 11/19/2018 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) P. Charles Garell, MD, Remer, Wainwright, MD, Westchester Medical Center. (nb)
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NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (bcu)
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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. (bcu)
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Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Lorenzo Redd 15-A-3881 Sing Sing C.F. 354 Hunter Street Ossining, NY 10562 ; Superintendent at Sing Sing C.F. 354 Hunter St, Ossining, NY 10562. (aea)
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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 statements 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 11/14/2018) (anc) Transmission to Docket Assistant Clerk for processing.
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Filing 3
PRISONER AUTHORIZATION. Document filed by Lorenzo Redd.(rdz)
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Filing 2
COMPLAINT against P. Charles Garell, MD, Remer, Wainwright, MD, Westchester Medical Center. Document filed by Lorenzo Redd.(rdz)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Lorenzo Redd.(rdz)
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Case Designated ECF. (rdz)
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