Fishman v. City of New Rochelle et al
| Marc H. Fishman |
| Lane Schlesinger, Joseph F. Schaller, New Rochelle Police Department, Westchester County, City of New Rochelle, W. Joseph, Police Detective W. Joseph, Commissioner Joseph F. Schaller and Police Officer Lane Schlesinger |
| 7:2019cv00265 |
| January 8, 2019 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Nelson Stephen Roman |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 28, 2023. A more recent docket listing may be available from PACER.
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Filing 13
AFFIDAVIT OF SERVICE of Summons and Complaint served on Westchester County on 3/1/2019. Service was accepted by Victoria Lascola. Document filed by Marc H. Fishman. (vn)
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Filing 12
AFFIDAVIT OF SERVICE of Summons and Complaint served on Police Officer Lane Schlesinger, Shield No. 1058 on 3/1/2019. Service was accepted by Liane Dimeglio, authorized to accept service by Captain Rosenberg. Document filed by Marc H. Fishman. (vn)
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Filing 11
AFFIDAVIT OF SERVICE of Summons and Complaint served on City of New Rochelle on 3/1/2019. Service was accepted by Marie Papa, Secretary to the Corporation Counsel. Document filed by Marc H. Fishman. (vn)
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Filing 10
FRCP 4 SERVICE PACKAGE MAILED to W. Joseph, New Rochelle Police Department, Joseph F. Schaller, Lane Schlesinger, Westchester County., at, on 2/11/2019 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 flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), 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, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases), one or more summonses (only if you have paid the fee in person or if the judge has ordered that a summons be issued to you) - 5 copies of Summons(es) mailed. (nb)
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Filing 9
ORDER denying without prejudice to renewal by formal motion #4 Application for the Court to Request Counsel. Therefore, because the Court does not find any circumstances which warrant the appointment of pro bono counsel at this time, Plaintiff's motion is DENIED without prejudice to renewal at a later stage in the proceedings. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 4 and mail a copy of this Order to Plaintiff at his address as listed on ECF and to show proof of service. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 2/11/2019) (rj) Transmission to Docket Assistant Clerk for processing.
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Filing 8
ORDER OF SERVICE: The Clerk of Court is directed to issue a summons as to Defendants City of New Rochelle; Westchester County; Police Officer Lane Schlesinger, Shield No. 1058; Police Detective W. Joseph, Shield No. 18; and Police Commissioner Joseph F. Schaller. Plaintiff is directed to serve the summons and complaint on Defendants within 90 days of the issuance of the summons. If within those 90 days, Plaintiff has not either served Defendants or requested an extension of time to do so, the Court may dismiss the claims against Defendants under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute. 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 New Rochelle Police Department because it lacks capacity to be sued. The Clerk of Court is directed to issue a summons as to Defendants City of New Rochelle; Westchester County; Police Officer Lane Schlesinger, Shield No. 1058; Police Detective W. Joseph, Shield No. 18; and Police Commissioner Joseph F. Schaller. SO ORDERED. USM-285 Form due by 3/13/2019. Request for Issuance of Summons due by 3/13/2019. (Signed by Judge Nelson Stephen Roman on 2/11/2019) (rj)
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Mailed a copy of #9 Order on Application for the Court to Request Counsel, to Marc H. Fishman 3200 Netherland Avenue Apt. G Bronx, NY 10463. (vba)
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SUMMONS ISSUED as to W. Joseph, New Rochelle Police Department, Joseph F. Schaller, Lane Schlesinger, Westchester County. (nb)
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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. (wb)
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NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Colleen McMahon is no longer assigned to the case. (wb)
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Filing 6
LETTER addressed to Judge Colleen McMahon from Marc Fishman dated January 22, 2019 re: Per my conversation with your staff last week, please send me a service order and service papers so I can have defendants served. The $400 filing fee was paid per your request the same day you asked for it a couple of weeks ago. Document filed by Marc H. Fishman.(sbr)
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Mailed a copy of #5 Order Denying IFP Application, to Marc H. Fishman 3200 Netherland Avenue Apt. G Bronx, NY 10463. (vba)
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Filing 5
ORDER DENYING IFP APPLICATION: Leave to proceed in this Court without repayment of fees is denied because Plaintiff has sufficient assets to pay the fees. See 28 U.S.C. 1915(a)(1). Plaintiff is directed to pay $400.00 in fees a $350.00 filing fee and a $50.00 administrative fee within 30 days of the date of this order. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed without prejudice. The Clerk of Court is directed to assign this action to my docket, mail a copy of this order to Plaintiff, and note service on the docket. SO ORDERED.(Filing Fee due by 2/11/2019.) (Signed by Judge Colleen McMahon on 1/10/2019) (anc) Transmission to Docket Assistant Clerk for processing.
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (anc)
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CASHIERS OFFICE REMARK: CIVIL FILING FEE in the amount of $400.00, paid on 01/10/2019, Receipt Number 465404016690. (dnh)
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Filing 4
APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Marc H. Fishman. (sac)
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Filing 3
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Marc H. Fishman consents to receive electronic service via the ECF system. Document filed by Marc H. Fishman.(sac)
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Filing 2
COMPLAINT against City of New Rochelle, W. Joseph, New Rochelle Police Department, Joseph F. Schaller, Lane Schlesinger, Westchester County. Document filed by Marc H. Fishman.(sac)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Marc H. Fishman.(sac)
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Case Designated ECF. (sac)
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