Smart v. Annucci et al
| Pamela Smart |
| Donald Venettozzi, L. Corbie, Joseph Joseph, Anthony Annucci and Eric Gutwein |
| 7:2019cv07908 |
| August 22, 2019 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Document Text |
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| Mailed a copy of #10 Memo Endorsement, to Pamela Smart DIN No. 93-G-0356 Bedford Hills Correctional Facility 247 Harris Road Bedford Hills, NY 10507-2400. (aea) |
| Filing 10 MEMO ENDORSEMENT on re: #9 Letter, filed by Pamela Smart. ENDORSEMENT: Plaintiff need not provide copies of the Complaint. There was no consent form attached to this letter, but whether to consent to the Magistrate Judge for all purposes is a decision that must be made by both sides jointly, so Plaintiff should await the appearance of defense counsel and consult with him/her on that issue. The Clerk shall send a copy of this endorsement to Plaintiff. (Signed by Judge Cathy Seibel on 10/7/2019) (mro) Transmission to Docket Assistant Clerk for processing. |
| Filing 9 LETTER from P. Smart dated 9/30/19 re: Plaintiff requests that the Court inform her as to whether she, who has been granted IFP status, has to provide the Court with copies of her Complaint and Exhibits, so that the United States Marshals can serve the defendants for her. Document filed by Pamela Smart.(sc) |
Filing 8
INFORMATION PACKAGE MAILED to Pamela Smart DIN No. 93-G-0356 Bedford Hills Correctional Facility 247 Harris Road Bedford Hills, NY 10507-2400, at, on 9/16/2019 Re: #7 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 Anthony Annucci, L. Corbie, Eric Gutwein, Joseph Joseph, Donald Venettozzi. (nb) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 9/16/2019 Re: Judge Cathy Seibel #7 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)Anthony Annucci, L. Corbie, Eric Gutwein, Joseph Joseph, Donald Venettozzi. (nb) |
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Filing 7
ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. Local Civil Rule 33.2 applies to this action. The Court dismisses Plaintiff's official-capacity claims under 42 U.S.C. 1983 against all defendants under 28 U.S.C. 1915(e)(2)(B)(iii) but allows the individual-capacity claims to proceed. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Sergeant L. Corbie (Badge #10507), Donald Venettozzi, Anthony Annucci, Joseph Joseph, and Eric Gutwein and deliver to the U.S. Marshals Service all documents necessary to effect service. The Court denies Plaintiff's request for pro bono counsel, without prejudice to Plaintiff's renewing the request.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. (Signed by Judge Cathy Seibel on 9/13/2019) (jca) Transmission to Pro Se Assistants for processing.
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| Case Designated Local Rule 33.2. (keb) |
| 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 Cathy Seibel. Judge Unassigned is no longer assigned to the case. (wb) |
| Mailed a copy of #5 Order Granting IFP Application in Prisoner Case, to Pamela Smart DIN No. 93-G-0356 Bedford Hills Correctional Facility 247 Harris Road Bedford Hills, NY 10507-2400 ; Superintendent Bedford Hills Correctional Facility 247 Harris Road Bedford Hills, NY 10507-2400. (aea) |
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Filing 5
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'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 9/9/2019) (mro) Transmission to Docket Assistant Clerk for processing.
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| Filing 4 APPLICATION for the Court to Request Counsel. Document filed by Pamela Smart. (sac) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Pamela Smart.(sac) |
| Filing 2 COMPLAINT against Anthony Annucci, L. Corbie, Eric Gutwein, Joseph Joseph, Donald Venettozzi. Document filed by Pamela Smart. (Attachments: #1 Exhibit A-ZZ, #2 Exhibit AAA-UUU) (sac) (Main Document 2 replaced on 8/26/2019) (sac). |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Pamela Smart. (sac) |
| Case Designated ECF. (sac) |
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