Schmiege v. Henton, et. al
| Brian E. Schmiege |
| Deputy of Health Henton and Dr. Alam |
| 7:2019cv07229 |
| July 31, 2019 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 7
INFORMATION PACKAGE MAILED to Brian E. Schmiege 17-B-3495 Sing Sing C.F. 354 Hunter Street Ossining, NY 10562, at, on 9/23/2019 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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Filing 6
ORDER OF SERVICE: To allow Plaintiff to effect service on Defendant Deputy of Health Services Henton and Dr. Alam 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 summonses 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 is also directed to amend the caption to include Dr. Alam. The Court dismisses Plaintiff's claims for inadequate medical care. 28 U.S.C. 1915(e)(2)(B)(ii). The Court dismisses Plaintiff's claims under HIPAA. 28 U.S.C. 1915(e)(2)(B)(ii). The Clerk of Court is instructed to complete the USM-285 forms with the addresses for Deputy of Health Services Henton and Dr. Alam 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)., Alam added. (Signed by Judge Nelson Stephen Roman on 9/23/2019) (rj) Transmission to Pro Se Assistants for processing.
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| SUMMONS ISSUED as to Alam, Henton. (nb) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 9/23/2019 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) Alam, Henton. (nb) |
| 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 Brian E. Schmiege 17-B-3495 Sing Sing C.F. 354 Hunter Street Ossining, NY 10562; The Superintendent Sing Sing C.F. 354 Hunter Street Ossining, NY 10562 (vba) Modified on 9/5/2019 (vba). |
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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'sprison 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 thefacility 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 Plaintiffs 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 8/30/2019) (rdz) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Brian E. Schmiege.(rdz) |
| Filing 2 COMPLAINT against Henton. Document filed by Brian E. Schmiege.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Brian E. Schmiege.(rdz) |
| Case Designated ECF. (rdz) |
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