Mood v. Westchester County et al
Tracy Mood |
Francis Delgrosso, Raul Ulloa, Alexis Gendell, Leandro Diaz, Correct Care Solutions, LLC, Joseph K. Spano, Eric Middleton, Westchester County, Aramark Correctional Services, LLC and Manuel Mendoza |
7:2019cv02017 |
March 4, 2019 |
US District Court for the Southern District of New York |
Nelson Stephen Roman |
Prisoner: Prison Condition |
42 U.S.C. § 1983 |
Plaintiff |
Docket Report
This docket was last retrieved on April 14, 2021. A more recent docket listing may be available from PACER.
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Filing 12 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Aramark Correctional Services, LLC served on 4/24/2019, answer due 6/24/2019. Service was made by Mail. Document filed by Tracy Mood. (clt) (aea). |
Filing 11 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Alexis Gendell served on 4/26/2019, answer due 6/25/2019. Service was made by Mail. Document filed by Tracy Mood. (clt) (aea). |
Filing 10 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Raul Ulloa served on 4/26/2019, answer due 6/25/2019. Service was made by Mail. Document filed by Tracy Mood. (clt) (aea). |
Filing 9 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Manuel Mendoza served on 4/24/2019, answer due 6/24/2019. Service was made by Mail. Document filed by Tracy Mood. (clt) (aea). |
Filing 8 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Westchester County served on 4/25/2019, answer due 6/24/2019. Service was made by Mail. Document filed by Tracy Mood. (clt) (aea). |
Filing 7 FRCP INFORMATION PACKAGE MAILED to Tracy Mood JID No. 3233 Westchester County Jail P.O. Box 10 Valhalla, NY 10595, at, on 3/26/2019 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) |
FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 3/26/2019 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) Aramark Correctional Services, LLC, Correct Care Solutions, LLC, Francis Delgrosso, Leandro Diaz, Alexis Gendell, Manuel Mendoza, Eric Middleton, Joseph K. Spano, Raul Ulloa, Westchester County. (nb) |
SUMMONS ISSUED as to Aramark Correctional Services, LLC, Correct Care Solutions, LLC, Francis Delgrosso, Leandro Diaz, Alexis Gendell, Manuel Mendoza, Eric Middleton, Joseph K. Spano, Raul Ulloa, Westchester County. (nb) |
Filing 6 ORDER OF SERVICE: To allow Plaintiff to serve the defendant(s) using the U.S. Marshals Service, the Clerk of the Court is directed to send Plaintiff one U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for each defendant. Within 30 days of the date of this Order, Plaintiff must complete one USM-285 form for each defendant and return each form to the Court. If Plaintiff fails to return the USM-285 form(s) to the Court within that time, under Rules 4 and 41 of the Federal Rules of Civil Procedure, the Court may dismiss all or part of this action based on Plaintiffs failure to prosecute. Upon receipt of each completed USM-285 form, the Clerk of Court will issue a summons and deliver to the Marshals Service the summons and all of the paperwork necessary for the Marshals Service to serve that defendant. It is Plaintiff's responsibility to inquire with the Marshals Service as to whether service has been effected and if necessary, to request an extension of time for service. See Meilleur v.Strong, 682 F.3d 56, 63 (2d Cir. 2012).If within 120 days of the issuance of the summons, service has not been made and the Plaintiff has not requested an extension of time to serve, under Rules 4 and 41 of the Federal Rules of Civil Procedure, the Court may dismiss all or part of this action based on Plaintiff's failure to prosecute. If Plaintiff does not wish to use the Marshals Service to effect service, Plaintiff must notify the Court in writing within 30 days of the date of this Order and request that the Court issue a summons to Plaintiff. USM-285 Form due by 4/24/2019. Request for Issuance of Summons due by 4/24/2019. (Signed by Judge Nelson Stephen Roman on 3/25/2019) (ks) |
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. (wb) |
NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Unassigned is no longer assigned to the case. (wb) |
Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Tracy Mood JID No. 3233 Westchester County Jail P.O. Box 10 Valhalla, NY 10595; The Superintendent County Jail P.O. Box 10 Valhalla, NY 10595. (vba) |
Filing 4 ORDER GRANTING IFP APPLICATION IN PRISONER CASE: 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. SO ORDERED. (Signed by Judge Colleen McMahon on 3/21/2019) (anc) Transmission to Docket Assistant Clerk for processing. |
Filing 3 PRISONER AUTHORIZATION. Document filed by Tracy Mood.(sac) |
Filing 2 COMPLAINT against Aramark Correctional Services, LLC, Correct Care Solutions, LLC, Francis Delgrosso, Leandro Diaz, Alexis Gendell, Manuel Mendoza, Eric Middleton, Joseph K. Spano, Raul Ulloa, Westchester County. Document filed by Tracy Mood. (sac) |
Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Tracy Mood.(sac) |
Case Designated ECF. (sac) |
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