Barry v. The State of New York et al
| Mamadou Barry |
| Jaime Lamanna, Malecito Phil, Duncan S. Bey, Jr., The State of New York and Chantel K. Elmore |
| 7:2019cv04189 |
| May 8, 2019 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Prisoner Trust Fund Account Statement by Mamadou Barry.(vn) |
Filing 7
INFORMATION PACKAGE MAILED to Mamadou Barry 13-A-1084 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582, at, on 6/4/2019 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 Duncan S. Bey, Jr, Chantel K. Elmore, Jaime Lamanna, Malecito Phil. (nb) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 6/4/2019 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) Duncan S. Bey, Jr, Chantel K. Elmore, Jaime Lamanna, Malecito Phil. (nb) |
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Filing 6
ORDER OF SERVICE: The Clerk of Co mi is directed to mail a copy of this order to Plaintiff, together with an information package. Plaintiff's claims against the State of New York are DISMISSED. See 28 U.S.C. 1915( e )(2)(B)(iii). The Clerk of Court is directed to terminate Defendant the State of New York. The Clerk of Court is further instructed to issue summonses and complete USM-285 forms with the addresses for Defendants Superintendent Jaime LaManna, First Deputy Superintendent Melecio Phil, Captain Duncan S. Bey Jr., and Sergeant Chantel K. Elmore, and to deliver to the U.S. Marshals Service all documents necessary to effect service. The Clerk of Court is further directed to docket this Order of Service as a "written opinion" within the meaning of Section 205(a)(5) of the E-Government Act of 2002. 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 for ma pauper is 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. The State of New York terminated. (Signed by Judge Vincent L. Briccetti on 6/3/2019) (kv) Transmission to Pro Se Assistants for processing.
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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) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (wb) |
| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Mamadou Barry 13-A-1084 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582; The Superintendent Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582. (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 5/30/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Mamadou Barry.(rdz) |
| Filing 2 COMPLAINT against Duncan S. Bey, Jr, Chantel K. Elmore, Jaime Lamanna, Malecito Phil, The State of New York. Document filed by Mamadou Barry.(rdz) Modified on 5/10/2019 (rdz). |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Mamadou Barry.(rdz) Modified on 5/10/2019 (rdz). (Main Document 1 replaced on 5/13/2019) (rdz). |
| Case Designated ECF. (rdz) Modified on 5/10/2019 (rdz). |
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