Nelson v. Lisson et al
| Jeffrey A. Nelson |
| Edward Rizzo, Robert Mott, Kirsten Stanton, Jeffery Paige, Kevin Kelly, Robert Bobo, Cassandra Heyl, Robert Bizub, Leslie Lisson, Joyce Krygier, Ernest Lowerre, Anita Demarais, L. Young, L. Bishop, Jeffery Burri, Nicholas Lock, John Colvin, Michael Lazore, Felicia Evans, Jeffery Helmick, Laura Miller, Stewart Eckert, Jennifer Scarozza, Anthony Annucci, Tricia Miller, Nurse Admin. Jessica Burnett, Rosanne O'Connor, Thomas Schlee, Patrick Stein, Carol Gardner and Anne Fordham |
| 7:2019cv06437 |
| July 11, 2019 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 14
INFORMATION PACKAGE MAILED to Jeffrey A. Nelson DIN No. 98-A-4066 Attica Correctional Facility PO Box 149 Attica, NY 14011-0149, at, on 8/22/2019 Re: #13 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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Filing 13
ORDER OF SERVICE: To allow Plaintiff to effect service on Defendants Laura Miller and Roseanne O'Connor through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for each of these defendants. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon these defendants. Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so. The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Laura Miller and Roseanne O'Connor 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). (Signed by Judge Nelson Stephen Roman on 8/21/2019) (rj) Transmission to Pro Se Assistants for processing.
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| SUMMONS ISSUED as to Laura Miller, Rosanne O'Connor. (nb) |
| Mailed a copy of #12 Order Granting IFP Application in Prisoner Case, to Jeffrey A. Nelson DIN No. 98-A-4066 Attica Correctional Facility PO Box 149 Attica, NY 14011-0149; The Superintendent Attica Correctional Facility PO Box 149 Attica, NY 14011-0149. (vba) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 8/22/2019 Re: Judge Nelson Stephen Roman #13 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) Laura Miller, Rosanne O'Connor. (nb) |
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Filing 12
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 8/21/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Unassigned is no longer assigned to the case. (wb) |
| 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) |
| Filing 10 CASE TRANSFERRED IN from the United States District Court - District of New York Western; Case Number: 6:19-cv-06221. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
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Filing 9
ORDER granting #2 Motion for Leave to Proceed in forma pauperis; denying #3 Motion for TRO; denying #4 Motion for TRO. Plaintiff is granted leave to file an amended complaint as directed in this Order by no later than 45 days after entry of this Order. If Plaintiff does not file an amended complaint as directed above, the Clerk of Court is directed to cause the United States Marshal to serve copies of the Summons, Complaint, and this Order upon Defendants DeMarais, Bobo, John Doe, Evans and Bizub, without Plaintiffs payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in Plaintiffs favor. Signed by Hon. Michael A. Telesca on 06/03/2019. (AFB)-CLERK TO FOLLOW UP-Pursuant to Fed. R. Civ. P. 21 and 28 U.S.C. 1404(a), all of the claims related to the Sullivan Correctional Facility against Defendants Laura Miller and Roseanne OConnor are severed and transferred to the Southern District of New York. If Plaintiff does not file an amended complaint within 45 days of date of entry of this Order, the Clerk of Court is directed to cause the United States Marshal to serve copies of the Summons, Complaint, and this Order upon Defendants DeMarais, Bobo, John Doe, Evans and Bizub, without Plaintiffs payment therefor. The Clerk of Court is directed utilize the mailing address for non-inmate mail provided by the New York State Department of Corrections and Community Supervision's website, http://www.doccs.ny.gov/faclist.html., as needed. The Clerk of Court is directed to forward a copy of this Order by email to Ted OBrien, Assistant Attorney General in Charge, Rochester Regional Office |
| Filing 8 Letter from Jeffrey Nelson, dated 5/15/19, to Pro Se Paralegal (TF) [Transferred from New York Western on 7/11/2019.] |
| Filing 7 PRO SE REPLY LETTER TO #6 Letter filed by Jeffrey A. Nelson. (TF) [Transferred from New York Western on 7/11/2019.] |
| Filing 6 Letter from Jeffrey Nelson, dated 4/26/19, to Clerk of Court (TF) [Transferred from New York Western on 7/11/2019.] |
| Updated plaintiffs address to Five Points C.F. per #5 letter (TF) [Transferred from New York Western on 7/11/2019.] |
| Filing 5 Letter from Jeffrey Nelson, dated 4/12/19, to Clerk of Court (Attachments: #1 Envelope) (received for docketing on this day)(TF) [Transferred from New York Western on 7/11/2019.] |
| Filing 4 MOTION for an Expedited Restraining Order by Jeffrey A. Nelson.(TF) [Transferred from New York Western on 7/11/2019.] |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. Consent form, privacy notice and timeline mailed to plaintiff. (TF) [Transferred from New York Western on 7/11/2019.] |
| Filing 3 MOTION for Temporary Restraining Order by Jeffrey A. Nelson.(TF) [Transferred from New York Western on 7/11/2019.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Jeffrey A. Nelson.(TF) [Transferred from New York Western on 7/11/2019.] |
| Filing 1 COMPLAINT against All Defendants, filed by Jeffrey A. Nelson. (Attachments: #1 Envelope)(TF) [Transferred from New York Western on 7/11/2019.] |
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