Martinez v. Franco et al
| Jose Martinez |
| Correction Sergeant J. Velez, Correction Nurse Akarumeh, Correction Nurse Young, Correction Officer A. Berrios, Correction Officer J. Franco and Correction Officer Delovic |
| 7:2019cv08868 |
| September 24, 2019 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Colleen McMahon |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 29, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 13
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. A. Berrios served on 11/18/2019, answer due 1/17/2020. Service was made by Mail, signed and returned by Daniel Schulze, AAG. Document filed by Jose Martinez. (sc)
|
|
Filing 12
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Young. Attempted Service of Summons and Complaint. Service was attempted on 10/29/19. Document filed by Jose Martinez. (sc)
|
|
Filing 11
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Akarumeh. Attempted Service of Summons and Complaint. Service was attempted on 10/29/19. Document filed by Jose Martinez. (sc)
|
|
Prisoner Trust Fund Account Statement by Jose Martinez. (vn)
|
|
Filing 10
INFORMATION PACKAGE MAILED to Jose Martinez DIN No. 16A1271 Five Points Correctional Facility Caller Box 119 Romulus, NY 14541, at, on 10/21/2019 Re: #9 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)
|
|
Filing 9
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 Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Correction Officers J. Franco, A. Berrios, and Delovic, Nurses Young and Akarumeh, and Sergeant Velez 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. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. USM-285 Form due by 11/20/2019. Request for Issuance of Summons due by 11/20/2019. (Signed by Judge Kenneth M. Karas on 10/21/2019) (rjm). Transmission to Pro Se Assistants for processing.
|
|
SUMMONS ISSUED as to Akarumeh, A. Berrios, Delovic, J. Franco, J. Velez, Young. (nb)
|
|
FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 10/21/2019 Re: Judge Kenneth M. Karas #9 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) Akarumeh, A. Berrios, Delovic, J. Franco, J. Velez, Young. (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)
|
|
Mailed a copy of #7 Order Granting IFP Application in Prisoner Case, to Jose Martinez DIN No. 16A1271 Five Points Correctional Facility Caller Box 119 Romulus, NY 14541; The Superintendent Five Points Correctional Facility Caller Box 119 Romulus, NY 14541. (vba)
|
|
NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Colleen McMahon is no longer assigned to the case. (wb)
|
|
Filing 7
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 10/17/2019) (sac) Transmission to Docket Assistant Clerk for processing.
|
|
Filing 6
PRISONER AUTHORIZATION. Document filed by Jose Martinez.(sc)
|
|
Filing 5
AMENDED APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Jose Martinez.(sc)
|
|
Case Designated Local Rule 33.2. (keb)
|
|
Filing 2
ORDER DIRECTING PAYMENT OF FEE OR AMENDED IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 10/25/2019. In Forma Pauperis (IFP) Application due by 10/25/2019. Prisoner Authorization Form due by 10/25/2019. (Signed by Judge Colleen McMahon on 9/25/2019) (Attachments: #1 amended IFP application, #2 Prisoner Authorization)(keb) Transmission to Docket Assistant Clerk for processing.
|
|
NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb)
|
|
Mailed a copy of #2 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to Jose Martinez DIN No. 16A1271 Five Points Correctional Facility Caller Box 119 Romulus, NY 14541. (aea)
|
|
Filing 4
(INCOMPLETE FORM) PRISONER AUTHORIZATION. Document filed by Jose Martinez. (sac)
|
|
Filing 3
(INCOMPLETE FORM) REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jose Martinez.(sac)
|
|
Filing 1
COMPLAINT against Akarumeh, A. Berrios, Delovic, J. Franco, J. Velez, Young. Document filed by Jose Martinez. (sac) (Main Document 1 replaced on 9/25/2019) (sac).
|
|
Case Designated ECF. (sac)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
