Gomez v. Westchester County et al
| Santiago Gomez |
| M.D. Alexis Gendell, Correctional Officer Luis, Deputy Commissioner Leandro Diaz, Correct Care Solutions, LLC, Correctional Officer Chestnut, Captain Christopher Robert, Correctional Officer Grant, Warden Francis Delgrosso, Westchester County, Commissioner Joseph K. Spano, Law Librarian Kaseithia M. Hewitt, Sergeant Martinez, Warden La Fonda Spaulding and Sergeant Hogue |
| 7:2019cv01335 |
| February 12, 2019 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 6, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Correct Care Solutions, LLC served on 4/3/2019, answer due 6/3/2019. Service was accepted by Tara J. Sciortino - Attorney. Document filed by Santiago Gomez. (aea) |
| Filing 8 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Alexis Gendell served on 4/3/2019, answer due 6/3/2019. Service was accepted by Tana J. Sciortino - Attorney. Document filed by Santiago Gomez. (aea) |
Filing 7
FRCP 4 SERVICE PACKAGE MAILED to Santiago Gomez JID No: 172518 Westchester County Jail P.O. Box 10 Woods Road Valhalla, NY 10595, at, on 3/15/2019 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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| SUMMONS ISSUED as to Chestnut, Correct Care Solutions, LLC, Francis Delgrosso, Leandro Diaz, Alexis Gendell, Grant, Hogue, Luis, Martinez, Christopher Robert, Joseph K. Spano, La Fonda Spaulding, Westchester County. (nb) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 3/15/2019 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)Chestnut, Correct Care Solutions, LLC, Francis Delgrosso, Leandro Diaz, Alexis Gendell, Grant, Hogue, Luis, Martinez, Christopher Robert, Joseph K. Spano, La Fonda Spaulding, Westchester County. (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. Plaintiff's claims against Law Librarian Kaseithia M. Hewitt are dismissed for failure to state a claim on which relief may be granted. 28 U.S.C. 1915(e)(2)(B)(ii). The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Defendants Westchester County; Warden Francis Delgrosso; Sergeant Martinez Shield #210; Sergeant Hogue; Warden La Fonda Spaulding; Captain Christopher Roberts; Deputy Commissioner Leandro Diaz; Commissioner Joseph Spano; Correct Care Solutions, LLC; M.D. Alexis Gendell; Correctional Officer Chestnut; Correctional Officer Luis Shield #1608; and Correctional Officer Grant Shield #1627 and deliver all documents necessary to effect service 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 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. Kaseithia M. Hewitt terminated. (Signed by Judge Vincent L. Briccetti on 3/14/2019) (mml)
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| 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. (ma) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (ma) |
| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Santiago Gomez JID No: 172518 Westchester County Jail P.O. Box 10 Woods Road Valhalla, NY 10595; The Superintendent Westchester County Jail P.O. Box 10 Woods Road Valhalla, NY 10595. (vba) |
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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 2/13/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Santiago Gomez.(rdz) |
| Filing 2 COMPLAINT against Chestnut, Correct Care Solutions, LLC, Francis Delgrosso, Leandro Diaz, Alexis Gendell, Grant, Kaseithia M. Hewitt, Hogue, Luis, Martinez, Christopher Robert, Joseph K. Spano, La Fonda Spaulding, Westchester County. Document filed by Santiago Gomez.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Santiago Gomez.(rdz) |
| Case Designated ECF. (rdz) |
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