Layne v. The State of New York Department of Correctional and Community Services et al
Plaintiff: Jaquan Layne
Defendant: Nurse A. Akarumeh, Lt. M. Panzarella, Sgt. T. Paroline, C.O. P. Delovic, C.O. J. Ayala, Sgt. J. Irizarry and The State of New York Department of Correctional and Community Services
Case Number: 7:2019cv04531
Filed: May 15, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Vincent L Briccetti
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42:1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 2, 2019 Filing 12 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. M. Panzarella served on 6/24/2019, answer due 8/23/2019. Service was accepted by Maria B. Hartofilis - Attorney. Document filed by Jaquan Layne. (vba)
July 2, 2019 Filing 11 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. T. Paroline served on 6/24/2019, answer due 8/23/2019. Service was accepted by Maria B. Hartofilis - Attorney. Document filed by Jaquan Layne. (vba)
July 2, 2019 Filing 10 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. J. Ayala served on 6/24/2019, answer due 8/23/2019. Service was accepted by Maria B. Hartofilis - Attorney. Document filed by Jaquan Layne. (vba)
July 2, 2019 Filing 9 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. A. Akarumeh served on 6/24/2019, answer due 8/23/2019. Service was accepted by Maria B. Hartofilis - Attorney. Document filed by Jaquan Layne. (vba)
June 12, 2019 Filing 8 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. J. Irizarry, served on 5/31/2019, answer due 7/30/2019. Service was made by Mail, signed and returned by J. Irizarry. Document filed by Jaquan Layne. (sc)
May 22, 2019 Opinion or Order Filing 7 INFORMATION PACKAGE MAILED to Jaquan Layne DIN No. 11A5702, at Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442, on 5/22/2019 Re: #6 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)
May 22, 2019 FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 5/22/2019 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)Lt. M. Panzarella, Sgt. T. Paroline, Sgt. J. Irizarry, Correctional Officer P. Delovic, Correctional Officer J. Ayala, Nurse A. Akarumeh. (bwa)
May 22, 2019 SUMMONS ISSUED as to A. Akarumeh, J. Ayala, P. Delovic, J. Irizarry, M. Panzarella, T. Paroline. (bwa)
May 21, 2019 Opinion or Order 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. The Court dismisses Plaintiffs claims against the State of New York Department of Correctional and Community Services. See 28 U.S.C. 1915(e)(2)(B)(iii). The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Lieutenant M. Panzarella, Sergeant T. Paroline, Sergeant J. Irizarry, Correctional Officer P. Delovic, Correctional Officer J. Ayala, and Nurse A. Akarumeh, and deliver all documents necessary to effect service to the U.S. Marshals Service. Finally, the Clerk is directed to (i) terminate plaintiff's motion to proceed IFP, which the Court granted on May 20, 2019 (Doc. #1) and (ii) terminate defendant the State of New York Department of Correctional and Community Services from the docket. Local Civil Rule 33.2 applies to this action. Within 120 days of service of the complaint, Defendants must serve responses to these standard discovery requests. In their responses, Defendants must quote each request verbatim. 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. The State of New York Department of Correctional and Community Services terminated. Motions terminated: #1 MOTION for Leave to Proceed In forma Pauperis filed by Jaquan Layne. (Signed by Judge Vincent L. Briccetti on 5/21/2019) (mml)
May 21, 2019 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)
May 21, 2019 NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (jc)
May 20, 2019 Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Jaquan Layne DIN No. 11A5702 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442; The Superintendent Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442. (vba)
May 20, 2019 Case Designated Local Rule 33.2. (ees)
May 20, 2019 Opinion or Order 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 5/20/2019) (sac) Transmission to Docket Assistant Clerk for processing.
May 15, 2019 Case Designated ECF. (sac)
May 15, 2019 Filing 3 PRISONER AUTHORIZATION. Document filed by Jaquan Layne. (sac)
May 15, 2019 Filing 2 COMPLAINT against A. Akarumeh, J. Ayala, P. Delovic, J. Irizarry, M. Panzarella, T. Paroline, The State of New York Department of Correctional and Community Services. Document filed by Jaquan Layne. (sac)
May 15, 2019 Filing 1 MOTION to Proceed Informa Pauperis. Document filed by Jaquan Layne. (sac)

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Defendant: Nurse A. Akarumeh
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Defendant: Lt. M. Panzarella
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Defendant: Sgt. T. Paroline
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Defendant: C.O. P. Delovic
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Defendant: C.O. J. Ayala
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Defendant: Sgt. J. Irizarry
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Defendant: The State of New York Department of Correctional and Community Services
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Plaintiff: Jaquan Layne
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