Melendez v. Orange County Jail et al
| Luis Melendez |
| Officer Carter, Dr. Salwa Khouri, Sgt. Simoreli, Sgt. Ellis, Orange County Jail (Medical Staff), Classification Sgt. and Orange County Jail |
| 7:2020cv00113 |
| January 6, 2020 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 22, 2020. A more recent docket listing may be available from PACER.
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| Pro Se Payment of Fee Processed: $350.00 Check processed by the Finance Department on 3/3/2020, Receipt Number 465401256058. (jgl) |
Filing 11
MEMO ENDORSEMENT on re: #10 Pro Se Memorandum to Change Address filed by Luis Melendez. ENDORSEMENT: The Clerk of Court is respectfully directed to update Plaintiff's address. SO ORDERED. (Signed by Judge Cathy Seibel on 3/2/2020) (mml)
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| Filing 10 PRO SE MEMORANDUM(Letter), dated 2/19/20 re: CHANGE OF ADDRESS for Luis Melendez. New Address: #19A3849, Coxsackie C. F., 11260 Route 9W, P.O. Box 200, Coxsackie, New York, 12051-0200. (sc) |
| Mailed a copy of #6 Order Granting IFP Application in Prisoner Case to Superintendent Downstate Correctional Facility Box F Fishkill, NY 12524-0445. (nb) |
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Filing 9
INFORMATION PACKAGE MAILED to Luis Melendez 19-A-3849, at Downstate Correctional Facility Box F Fishkill, NY 12524-0445, on 2/18/2020 Re: #8 Order of Service via REGULAR MAIL. 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. (bwa)
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| SUMMONS ISSUED as to Carter, Ellis, Salwa Khouri, Simoreli. (bwa) |
| Mailed a copy of #2 Complaint, #8 Order of Service, to Orange County Attorney at Orange County Government Center, 255 Main Street, Goshen, New York 10924. (bwa) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 2/18/2020 Re: Judge Cathy Seibel #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)Officer Carter, Dr. Salwa Khouri, Sgt. Ellis, Sgt. Simoreli. (bwa) |
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Filing 8
ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Court dismisses Plaintiff's claims against the Orange County Jail and the Orange County Jail Medical Staff. See 28 U.S.C. 1915(e)(2)(B)(ii). The Clerk of Court is further instructed to issue summonses. complete the USM-285 forms with the addresses for Officer Carter, Dr. Salwa Khouri, Sgt. Ellis, and Sgt. Simoreli, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to mail a copy of this order and the complaint to Orange County Attorney at: Orange County Government Center, 255 Main Street Goshen, New York 10924. 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). Orange County Jail and Orange County Jail (Medical Staff) terminated. (Signed by Judge Cathy Seibel on 2/13/2020) (mro) Transmission to Pro Se Assistants for processing.
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| Magistrate Judge Lisa M. Smith 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (bcu) |
| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Colleen McMahon is no longer assigned to the case..(bcu) |
| Mailed a copy of #6 Order Granting IFP Application in Prisoner Case, to Luis Melendez 19-A-3849 Downstate Correctional Facility Box F Fishkill, NY 12524-0445. (nb) |
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Filing 6
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 2/5/2020) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 5 AMENDED APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Luis Melendez.(sc) |
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Filing 4
ORDER DIRECTING PAYMENT OF FEES OR AMENDED IFP APPLICATION: Plaintiff is directed to render payment of the filing fees or submit an AMENDED IFP application 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 Fees due by 2/7/2020. AMENDED In Forma Pauperis (IFP) Application due by 2/7/2020. (Signed by Judge Colleen McMahon on 1/8/2020) (Attachments: #1 Amended IFP Application)(dmg) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb) |
| Mailed a copy of #4 Order Directing Payment of Fee or IFP Application, to Luis Melendez 19-A-3849 Downstate Correctional Facility Box F Fishkill, NY 12524-0445. (vba) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Luis Melendez.(rdz) |
| Filing 2 COMPLAINT against Carter, Ellis, Salwa Khouri, Orange County Jail, Orange County Jail (Medical Staff), Simoreli. Document filed by Luis Melendez.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Luis Melendez.(rdz) |
| Case Designated ECF. (rdz) |
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