Shepard v. Medical Nurses/Doctors et al
| Douglas Shepard |
| Medical Nurses/Doctors, Mr. M., Officer Kelley, Jane Doe and Mr. Smith |
| 7:2019cv00669 |
| January 23, 2019 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Mailed a copy of #16 Order on Motion to Amend/Correct, to Douglas Shepard 16-B-3739 Sullivan Correctional Facility P.O. Box 116 Fallsburg, NY 12733-0116. (vba) |
| Filing 17 AMENDED COMPLAINT amending #2 Complaint against Kelley, M., Medical Nurses/Doctors.Document filed by Douglas Shepard. Related document: #2 Complaint.(rj) |
Filing 16
ORDER granting #8 Motion to Amend/Correct. It is therefore ordered that the Janice Powers at the NYS AG, assist in identifying the full names and proper addresses to effect service on all three defendants listed in Plaintiff's AC and provide such information to the Court. Ms. Powers shall provide this information to Plaintiff and the Court within thirty days of the date of this order. Upon receipt of this information, the Court will issue an order directing the Clerk of the Court to send instructions to Plaintiff to effect service on the proper defendants in accordance with Rule 4 of the Federal Rules of Civil Procedure. The Clerk of the Court is respectfully directed to file Plaintiff's Amended Complaint, which is attachment 1 to Plaintiff's Motion (see ECF No. 8, 8-1), terminate the motion (ECF No. 8), mail a copy of this Order to Plaintiff's address as listed on ECF, and show proof of such service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 3/14/2019) (rj) Transmission to Docket Assistant Clerk for processing.
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| Filing 15 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. M. served on 2/25/2019, answer due 4/26/2019. Service was accepted by Janice Powers - Attorney. Document filed by Douglas Shepard. (aea) |
| Filing 14 DEFENDANTS' RESPONSE TO VAENTIN ORDER. Document filed by M.. (rj) |
| Filing 13 NOTICE OF MOTION: re: To waive the filing fee. Document filed by Douglas Shepard. (sc) |
| Filing 12 NOTICE OF APPEARANCE by Janice Powers on behalf of M.. (Powers, Janice) |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Discovery Guide and Motions Guide to Douglas Shepard 16-B-3739 Sullivan Correctional Facility P.O. Box 116 Fallsburg, NY 12733-0116 on 2/15/2019. (nb) |
| Filing 11 LETTER from Douglas H. Shepard, dated 2/11/19 re: Plaintiff request that the Court send him a Motions Guide, Discovery Guide, a Consent for Electronic Service form, and form for Permission for Electronic Case Filing. Document filed by Douglas Shepard.(sc) |
| Request for Copies of Motions Guide, Discovery Guide etc. Received: Re #11 Letter,. Request for Motion for Permission for Electronic Case Filing Form, Discovery Guide, Consent to Electronic Service formfrom Douglas H. Shepard received on 2/14/19. Transmission to Pro Se Assistants for processing. (sc) |
| Filing 10 NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE. Document filed by Douglas Shepard. (sc) |
| Filing 9 DECLARATION of Douglas Shepard; in Support of re: #8 MOTION to Amend/Correct #2 Complaint. Document filed by Douglas Shepard. (sc) |
| Filing 8 NOTICE OF MOTION; re: to Amend/Correct #2 Complaint. Document filed by Douglas Shepard. (Attachments: #1 Proposed Amended Complaint)(sc) |
| Prisoner Trust Fund Account Statement by Douglas Shepard.(vn) |
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Filing 7
FRCP 4 SERVICE PACKAGE MAILED to Douglas Shepard 16-B-3739 Sullivan Correctional Facility P.O. Box 116 Fallsburg, NY 12733-0116, at, on 1/29/2019 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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| Mailed a copy of #2 Complaint, #6 Order of Service, to NYS Attorney General 28 Liberty Street New York NY 10005. (vba) |
| SUMMONS ISSUED as to C.O. Kelley, Maintenance Teacher Mr. M. (nb) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 1/29/2019 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) Correctional Officer Kelley; Maintenance Teacher Mr. M. (nb) |
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Filing 6
ORDER OF SERVICE: Within thirty days after receiving this information, Plaintiff must file an amended complaint with the true name of the Jane Doe defendant. The amended complaint will replace, not supplement, the original complaint. An Amended Civil Rights Complaint form for Plaintiff to complete is attached to this order. Once Plaintiff has filed an amended complaint, the Court will screen the amended complaint and, if necessary, issue an order directing the Clerk of Court to complete a USM-285 form with the address for the named Jane Doe Defendant and 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 to Plaintiff, together with an information package. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Defendants Sullivan Correctional Facility maintenance teacher Mr. M. and Correction Officer Kelley and deliver to the U.S. Marshals Service all documents necessary to effect service. The Clerk of Court is directed to substitute "Jane Doe Nurse, on duty at Sullivan Correctional Facility on January 17, 2019" for Defendant "Medical Nurses/Doctors." The Clerk of Court is directed to mail a copy of this order and the complaint to New York State Attorney General at: 28 Liberty Street, New York, NY 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 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. USM-285 Form due by 2/27/2019. Request for Issuance of Summons due by 2/27/2019. (Signed by Judge Nelson Stephen Roman on 1/28/2019) (rj)
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| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Douglas Shepard 16-B-3739 Sullivan Correctional Facility P.O. Box 116 Fallsburg, NY 12733-0116; The Superintendent Sullivan Correctional Facility P.O. Box 116 Fallsburg, NY 12733-0116. (vba) |
| Transmission to Docket Assistant Clerk. Transmitted re: #6 Order of Service, to the Docket Assistant Clerk for case processing. (rj) |
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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 1/25/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Unassigned is no longer assigned to the case. (jc) |
| 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. (jc) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Douglas Shepard.(rdz) |
| Filing 2 COMPLAINT against Kelley, M., Medical Nurses/Doctors. Document filed by Douglas Shepard.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Douglas Shepard.(rdz) |
| Case Designated ECF. (rdz) |
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