Windley v. Westchester County et al
| Ian Windley |
| Penny Stewart, Aramark Correctional Services, LLC, Manuel Mendoza and Westchester County |
| 7:2019cv04858 |
| May 23, 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
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| Document Text |
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| Filing 10 NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE. Document filed by Ian Windley. (sbr) |
Filing 9
INFORMATION PACKAGE MAILED to Ian Windley ID No. 214695 Westchester County D.O.C. P.O. Box 10 Woods Road Valhalla, NY 10595, at, on 7/10/2019 Re: #8 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 Aramark Correctional Services, LLC, Manuel Mendoza, Penny Stewart, Westchester County. (nb) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 7/10/2019 Re: Judge Nelson Stephen Roman #8 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, Manuel Mendoza, Penny Stewart, Westchester County. (nb) |
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Filing 8
ORDER OF SERVICE: The Court directs the Clerk of Court to mail a copy of this order to Plaintiff, together with an information package. The Court further directs the Clerk of Court to complete the USM-285 forms with the addresses for Westchester County, Aramark Correctional Services, LLC, Manuel Mendoza, and Penny Stewart and deliver to the U.S. Marshals Service all documents necessary to effect 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 IFP 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. (Signed by Judge Nelson Stephen Roman on 7/9/2019) (ne) Transmission to Pro Se Assistants for processing.
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| Filing 7 AMENDED COMPLAINT; re: amending #2 Complaint against Aramark Correctional Services, LLC, Manuel Mendoza, Penny Stewart, Westchester County with JURY DEMAND.Document filed by Ian Windley. Related document: #2 Complaint.(sc) |
| 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. (jc) |
| NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Unassigned is no longer assigned to the case. (jc) |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Ian Windley ID No. 214695 Westchester County D.O.C. P.O. Box 10 Woods Road Valhalla, NY 10595 on 7/8/2019. (nb) |
| Filing 5 LETTER from I. Windley, re: Plaintiff informs the Court that he has not yet received an answer from the Court regarding his filing of the Complaint. Document filed by Ian Windley.(sc) |
| Request for Copy of the updated Docket Sheet Received: Re #5 Letter. Request for Docket Report, from Ian Windley received on 7/2/19. Transmission to Pro Se Assistants for processing. (sc) |
| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Ian Windley ID No. 214695 Westchester County D.O.C. P.O. Box 10 Woods Road Valhalla, NY 10595 ; Superintendent Westchester County D.O.C. P.O. Box 10 Woods Road Valhalla, NY 10595. (aea) |
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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 6/26/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Ian Windley.(sac) |
| Filing 2 COMPLAINT against Aramark Correctional Services, LLC, Manuel Mendoza, Penny Stewart, Westchester County. Document filed by Ian Windley.(sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Ian Windley.(sac) |
| Case Designated ECF. (sac) |
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