Caines v. Pacheco et al
| Kamieo Caines |
| C.O. John Doe, C.O. Mitchell, Sgt. Pacheco, C.O. M. Carlstrom and C.O. Johnson |
| 7:2020cv00878 |
| January 31, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Nelson Stephen Roman |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 10, 2021. A more recent docket listing may be available from PACER.
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Filing 16
LETTER addressed to Judge Nelson Stephen Roman from Kamieo Caines dated 3/23/2020 re: I writing back about the "Order of Service" dated Feb. 27th, 2020. The Amended Complaint that was sent to me is the be only filled out when I have the identification of the two John Doe's and the badge numbers of all the parties involved. Which is 60 days after the date of this order. I sent this dire of correspondence to ensure that we are on the same page and that I understand you correctly. Document filed by Kamieo Caines. (sac)
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Filing 15
LETTER addressed to Judge Nelson Stephen Roman from K. Caines, dated 3/9/20 re: I would like the Court to let the record reflect that the only reason I did not get the two "John Doe" officers' names was because they were the last to enter the C-Block unit; and also that they stayed at the top of the steps at the beginning of the 13-18 cell tier area in order to prevent anybody from seeing what was going on at the bottom of the steps etc. Document filed by Kamieo Caines.(sc)
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Filing 14
LETTER from K. Caines, dated 3/5/20 re: I am writing to get an understanding as to why the Chief United States District Judge has been changed from Colleen McMahon to United States District Judge Nelson S. Roman. Document filed by Kamieo Caines.(sc)
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Mailed a copy of #11 FRCP 4 Service Package - Mailed to Kamieo Caines DIN No. 19A1597 Southport Corretional Facility P.O. Box 2000 Pine City, NY 14871-2000. (nb)
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Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Kamieo Caines DIN No. 19A1597 Southport Corretional Facility P.O. Box 2000 Pine City, NY 14871-2000 on 3/9/2020. (nb)
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Filing 13
LETTER from K. Caines, dated 3/1/20 re: Plaintiff informs the Court that his new address is as follows: Southport C. F., P.O. Box 2000, Pine City, NY 14871-2000. Document filed by Kamieo Caines.(sc)
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Request for Copy of the updated Docket Sheet Received: Re #13 Letter. Request for Docket Report, from K. Caines received on 3/5/20. Transmission to Pro Se Assistants for processing. (sc)
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Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Kamieo Caines DIN No. 19A1597 Elmira Corretional Facility SHU 18 cell P.O. Box 500 Elmira, NY 14902-0500 on 3/4/2020. (nb)
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Filing 12
LETTER from K. Caines dated 2/24/20 re: I am writing to the Court to ask whether it received my Prisoner Authorization form and, if not, then to please send me another one. Also, "Marcus Ramirez" is willing to recap what he saw take place on 7/6/19. Document filed by Kamieo Caines.(sc)
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Request for Copy of the updated Docket Sheet Received: Re #12 Letter. Request for Docket Report, from K. Caines received on 3/2/20. Transmission to Pro Se Assistants for processing. (sc)
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Filing 11
INFORMATION PACKAGE MAILED to Kamieo Caines DIN No. 19A1597 Elmira Corretional Facility SHU 18 cell P.O. Box 500 Elmira, NY 14902-0500, at, on 2/28/2020 Re: #10 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 M. Carlstrom, Johnson, Mitchell, Pacheco. (nb)
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 2/28/2020 Re: Judge Nelson Stephen Roman #10 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) M. Carlstrom, Johnson, Mitchell, Pacheco. (nb)
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Mailed a copy of #2 Complaint, #10 Order of Service to New York State Attorney General at: 28 Liberty Street New York, NY 10005. (nb)
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Filing 10
ORDER OF SERVICE: Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the district court in identifying a defendant. 121 F.3d 72, 76 (2d Cir. 1997). In the complaint, Plaintiff supplies sufficient information to permit the New York State Department of Corrections and Community Supervision (DOCCS) to identify the two "John Doe" Correction Officers involved in the incident with Plaintiff on July 6, 2019, between 9:30 and 10:30 a.m., in Downstate Correctional Facility's Complex 3 C-Block, Tier 13-18. It is therefore ordered that the New York State Attorney General, which is the attorney for and agent of the DOCCS, must ascertain the identity of each John Doe whom Plaintiff seeks to sue here and the address where each defendant may be served. In addition, because the USMS may be unable to serve Defendants Johnson, Mitchell, Carlstrom, or Pacheco without a shield number, the Court therefore further directs the New York State Attorney General to provide the full name and shield number of these defendants in its response. The New York State Attorney General must provide this information to Plaintiff and the Court within sixty days of the date of this order. Within thirty days of receiving this information, Plaintiff must file an amended complaint naming the John Doe defendants. The amended complaint will replace, not supplement, the original complaint. An amended complaint form for Plaintiff to complete and submit after receiving this information is attached to this order. Once Plaintiff has filed an amended complaint, the Court will screen the amended complaint and, if necessary, issue an order directing the Clerk of Court to complete the USM-285 forms with the addresses for these Defendants and deliver to the U.S. Marshals Service all documents necessary to effect service. 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 Sergeant Pacheco, and Correction Officers Carlstrom, Mitchell, and Johnson and deliver to the U.S. Marshals Service all documents necessary to effect service. The Clerk of Court is directed to mail a copy of this order and the complaint to the New York State Attorney General at: 28 Liberty Street New York, NY 10005. Local Civil Rule 33.2 applies to this action. 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). USM-285 Form due by 3/30/2020. Request for Issuance of Summons due by 3/30/2020. (Signed by Judge Nelson Stephen Roman on 2/27/2020) (rj) Transmission to Pro Se Assistants for processing.
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Filing 9
PRISONER AUTHORIZATION. Document filed by Kamieo Caines.(sc)
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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)
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NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Colleen McMahon is no longer assigned to the case..(bcu)
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Case Designated Local Rule 33.2. (keb)
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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 2/21/2020) (sac) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #7 Order Granting IFP Application in Prisoner Case, to Kamieo Caines DIN No. 19A1597 Elmira Corretional Facility SHU 18 cell P.O. Box 500 Elmira, NY 14902-0500; The Superintendent Elmira Corretional Facility SHU 18 cell P.O. Box 500 Elmira, NY 14902-0500 (vba) Modified on 2/21/2020 (vba).
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Filing 6
PRISONER AUTHORIZATION. Document filed by Kamieo Caines.(sc) Modified on 2/21/2020 (sc).
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Filing 5
ORDER DIRECTING UPDATED PRISONER AUTHORIZATION: Plaintiff is directed to submit a completed and signed Prisoner Authorization Form 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). Prisoner Authorization Form due by 3/13/2020. (Signed by Judge Colleen McMahon on 2/12/2020) (Attachments: #1 prisoner authorization form) (keb) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #5 Order Directing Updated Prisoner Authorization, to Kamieo Caines DIN No. 19A1597 Elmira Corretional Facility SHU 18 cell P.O. Box 500 Elmira, NY 14902-0500. (aea)
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Filing 4
PRISONER AUTHORIZATION. Document filed by Kamieo Caines..(sc)
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Filing 3
ORDER DIRECTING PRISONER AUTHORIZATION: Plaintiff is directed to submit a completed and signed Prisoner Authorization Form 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). Prisoner Authorization Form due by 3/4/2020. (Signed by Judge Colleen McMahon on 2/3/2020) (Attachments: #1 PRISONER AUTHORIZATION) (keb) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #3 Order Directing Prisoner Authorization, to Kamieo Caines DIN No. 19A1597 Elmira Corretional Facility SHU 18 cell P.O. Box 500 Elmira, NY 14902-0500..(vba)
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NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(wb)
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Filing 2
COMPLAINT against M. Carlstrom, John Doe, John Doe, Johnson, Mitchell, Pacheco. Document filed by Kamieo Caines. (sac)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Kamieo Caines. (sac)
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Case Designated ECF. (sac)
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