Morrow v. Capra et al
Plaintiff: Neb Morrow, III
Defendant: All Captains, Superintendent Michael Capra, Officer in Charge, M. Royce, Correctional Officers, C.O. John Doe, C.O. Malave, K. Winship, All Lieutenants and Maintenance Staff Supervisor
Case Number: 7:2018cv09749
Filed: October 22, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Vincent L Briccetti
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 7, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 20, 2018 Filing 11 LETTER MOTION for Extension of Time to File Response/Reply as to #6 Order of Service,,,, addressed to Judge Vincent L. Briccetti from Daniel Schulze dated December 20, 2018. Document filed by Michael Capra, Malave, M. Royce. (Attachments: #1 Certificate of Service)(Schulze, Daniel)
December 20, 2018 Filing 10 NOTICE OF APPEARANCE by Daniel A. Schulze on behalf of Michael Capra, Malave, M. Royce. (Attachments: #1 Certificate of Service)(Schulze, Daniel)
November 27, 2018 Prisoner Trust Fund Account Statement by Neb Morrow, III.(vn)
November 8, 2018 Opinion or Order Filing 7 FRCP 4 SERVICE PACKAGE MAILED to Neb Morrow, III 10-A-6112 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562, at, on 11/8/2018 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)
November 8, 2018 SUMMONS ISSUED as to Michael Capra, Malave, M. Royce, K. Winship. (nb)
November 8, 2018 FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 11/8/2018 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) Michael Capra, Malave, M. Royce, K. Winship. (nb)
November 7, 2018 Opinion or Order 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 Superintendent Michael Capra; First Deputy Superintendent K. Winship; Deputy Superintendent of Security M. Royce; and C.O. Malave, L-Gallery, and to deliver to the U.S. Marshals Service all documents necessary to effect service. The Clerk of Court is directed to mail a copy of this order and the complaint to the New York State Attorney General at: 78 Liberty Street, New York, New York 10005. An "Amended Complaint" form is attached to this order. 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 pauper is 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 11/7/2018) (mro) Transmission to Docket Assistant Clerk for processing.
November 7, 2018 Mailed a copy of #6 Order of Service, #2 Complaint, to New York State Attorney General at: 78 Liberty Street, New York, New York 10005. (vba)
November 6, 2018 Magistrate Judge Lisa M. Smith 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)
November 6, 2018 NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (wb)
November 6, 2018 Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Neb Morrow, III 10-A-6112 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562; The Superintendent Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (vba)
November 5, 2018 Opinion or Order 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 11/5/2018) (sac) Transmission to Docket Assistant Clerk for processing.
October 30, 2018 Prisoner Trust Fund Account Statement by Neb Morrow, III.(vn)
October 22, 2018 Filing 3 PRISONER AUTHORIZATION. Document filed by Neb Morrow, III.(sac)
October 22, 2018 Filing 2 COMPLAINT against All Captains, All Lieutenants, Michael Capra, Correctional Officers, John Doe(that took afternoon program list for L-Gallery on 10/15/18), John Doe(H-Gallery South on evening of 10/12/18), Maintenance Staff Supervisor, Malave, Officer in Charge, M. Royce, K. Winship. Document filed by Neb Morrow, III. (sac)
October 22, 2018 Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Neb Morrow, III.(sac)
October 22, 2018 Case Designated ECF. (sac)

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Defendant: All Captains
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Defendant: Superintendent Michael Capra
Represented By: Daniel A. Schulze
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Defendant: Officer in Charge
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Defendant: M. Royce
Represented By: Daniel A. Schulze
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Defendant: Correctional Officers
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Defendant: C.O. John Doe
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Defendant: C.O. Malave
Represented By: Daniel A. Schulze
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Defendant: K. Winship
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Defendant: All Lieutenants
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Defendant: Maintenance Staff Supervisor
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Plaintiff: Neb Morrow, III
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