Smith v. Westchester County et al
| Joseph L. Smith |
| Francis Delgrosso, Donna P. Blackman, Leandro Diaz, Joseph K. Spano, Eric Middleton, Westchester County, Karl Vollmer, Aramark Correctional Services, LLC and Manuel Mendoza |
| 7:2019cv01283 |
| February 8, 2019 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 8, 2021. A more recent docket listing may be available from PACER.
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Filing 10
FIRST LETTER MOTION for Conference pre-motion conference addressed to Judge Kenneth M. Karas from jane hogan felix dated march 29, 2019. Document filed by Francis Delgrosso, Leandro Diaz, Eric Middleton, Joseph K. Spano, Karl Vollmer, Westchester County.(Felix, Jane)
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Re-Mailed a copy of #5 Order Granting IFP Application in Prisoner Case, to Joseph L. Smith, 455 North Broadway, Apt. #58, Yonkers, NY 10701. (vn)
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Received returned mail re: #5 Order Granting IFP Application in Prisoner Case. Mail was addressed to Joseph L. Smith, JID No: 44896, Westchester County Jail P.O. Box 10, Valhalla, NY 10595 and was returned for the following reason(s): Return to Sender Attempted - Not Known Unable to Forward, RTS. (vn)
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Filing 9
PRO SE MEMORANDUM(Letter) dated 3/14/19 re: CHANGE OF ADDRESS for Joseph L. Smith. New Address: 455 North Broadway, Apt. #58, Yonkers, New York 10701, (sc)
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Filing 8
FRCP 4 SERVICE PACKAGE MAILED to Joseph L. Smith JID No: 44896, at Westchester County Jail P.O. Box 10 Valhalla, NY 10595, on 3/5/2019 Re: #7 Order of Service via REGULAR MAIL. 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. (bwa)
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Filing 7
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 Defendants Westchester County; Aramark Correctional Services and its Food Services Directors Manuel Mendoza and Donna P. Blackman; Westchester County Department of Corrections Commissioner Joseph K. Spano and Deputy Commissioner Leandro Diaz; and Assistant Wardens Francis Delgrosso, Eric Middleton, and Karl Vollmer and deliver to the U.S. Marshals Service all documents necessary to effect service. (Signed by Judge Kenneth M. Karas on 3/5/2019) (mro)
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SUMMONS ISSUED as to Aramark Correctional Services, LLC, Donna P. Blackman, Francis Delgrosso, Leandro Diaz, Manuel Mendoza, Eric Middleton, Joseph K. Spano, Karl Vollmer, Westchester County. (bwa)
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 3/5/2019 Re: Judge Kenneth M. Karas #7 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, Aramark Correctional Services LLC, Joseph K. Spano, Leandro Diaz, Eric Middleton, Francis Delgrosso, Karl Vollmer, Manual Mendoza, Donna Blackman. (bwa)
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Filing 5
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 3/4/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #5 Order Granting IFP Application in Prisoner Case, to Joseph L. Smith JID No: 44896 Westchester County Jail P.O. Box 10 Valhalla, NY 10595; The Superintendent Westchester County Jail P.O. Box 10 Valhalla, NY 10595. (vba)
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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. (ma)
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NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Colleen McMahon is no longer assigned to the case. (ma)
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Filing 4
PRISONER AUTHORIZATION. Document filed by Joseph L. Smith.(sc)
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Filing 3
APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Joseph L. Smith.(sc)
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Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 3/15/2019. In Forma Pauperis (IFP) Application due by 3/15/2019. Prisoner Authorization Form due by 3/15/2019. (Signed by Judge Colleen McMahon on 2/13/2019) (Attachments: #1 Prisoner Authorization, #2 IFP Application)(keb) 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. (bcu)
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Mailed a copy of #2 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to Joseph L. Smith JID No: 44896 Westchester County Jail P.O. Box 10 Valhalla, NY 10595. (vba)
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Filing 1
COMPLAINT against Aramark Correctional Services, LLC, Donna P. Blackman, Francis Delgrosso, Leandro Diaz, Manuel Mendoza, Eric Middleton, Joseph K. Spano, Karl Vollmer, Westchester County. Document filed by Joseph L. Smith.(sac)
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Case Designated ECF. (sac)
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