Lurch, Jr. v. Berry
| Lurch, Jr. and Robert Derek Lurch, Jr. |
| Berry and Margaret Berry |
| 7:2020cv02312 |
| March 16, 2020 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 18, 2021. A more recent docket listing may be available from PACER.
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Filing 33
INFORMATION PACKAGE MAILED to Robert Derek Lurch, Jr. 3492000961 Vernon C. Bain Center (VCBC), 1 Halleck Street Bronx, NY 10474, at, on 4/27/2020 Re: #32 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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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on Margaret Berry Re: Judge Philip M. Halpern #32 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) Margaret Berry. (nb)
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SUMMONS ISSUED as to Margaret Berry. (nb)
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Filing 32
ORDER OF 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 form with the address for Margaret Berry, Nurse, and deliver all documents necessary to effect service to the U.S. Marshals 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. USM-285 Form due by 5/26/2020. Request for Issuance of Summons due by 5/26/2020. (Signed by Judge Philip M. Halpern on 4/23/2020) (ama) Transmission to Pro Se Assistants for processing. Modified on 4/23/2020 (ama). Modified on 4/23/2020 (ama).
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NOTICE OF CASE REASSIGNMENT to Judge Philip M. Halpern. Judge Colleen McMahon is no longer assigned to the case. (ad)
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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. (ad)
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Filing 30
NOTICE OF CHANGE OF ADDRESS dated 4/2/2020 re: CHANGE OF ADDRESS for Robert Derek Lurch, Jr. New Address: 3492000961, (VCBC), 1 Halleck St., Bronx, New York, 10474. (rjm)
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Mailed a copy of #29 to Robert Derek Lurch, Jr at 9801900620, Vernon C. Bain Center (VCBC), 1 Halleck Street, Bronx, NY 10474. (dsh)
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Filing 29
ORDER. The Clerk of Court is directed to mail a copy of this order to Plaintiff at P.O. Box 540807, Bronx, New York 10454, an address Plaintiff provided to the Court on October 17, 2019 (ECF No. 19), and note service on the docket. Within thirty days of the date of this order, Plaintiff must complete, date, and sign the attached change of address form. If Plaintiff submits the change of address form, it should be labeled with docket number 20-CV-2312 (CM). Should Plaintiff fail to comply with this order, the Court will dismiss the action without prejudice for failure to prosecute. 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. (Signed by Judge Colleen McMahon on 3/18/2020) (rjm) 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. (ad)
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Filing 28
CASE TRANSFERRED IN from the United States District Court - District of New York Northern; Case Number: 9:19-cv-00895. Original file certified copy of transfer order and docket entries received. (sjo)
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Case Designated ECF. (sjo)
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Filing 27
DECISION AND ORDER: ORDERED that 1. The claims arising out of plaintiff's confinement at Fishkill Correctional Facility are severed and transferred to the Southern District of New York; 2. The Clerk shall advise the Clerk of the Southern District of New York, in writing, of the entry of this Order and provide that Clerk with all information necessary for the Southern District Clerk to electronically access the documents filed in this action; 3. The Clerk shall revise the docket as follows: (1) substitute Officer Kasey Short for Officer John Doe #1; (2) substitute Corrections Sergeant Aaron Jones for Lieutenant or Sergeant #1; (3) substitute Corrections Sergeant Bruce Banker for Lieutenant or Sergeant #2; (4) substitute Corrections Sergeant Jeremy Burns for Sergeant One; (5) substitute Corrections Sergeant Mandy Roth for the "Caucasian Female" Sergeant; (6) substitute Dr. Charles Bui for Dentist; (7) substitute Magdalah Plaisime and Jean Day for the "Nurse who receives sick call slips and schedules appointments... at Mid-State Correctional Facility"; and (8) substitute Margaret Berry for the "Nurse who receives sick call slips and schedules appointments... at Fishkill Correctional Facility"; 4. The following claims SURVIVE the Court's initial review pursuant to 28 U.S.C. 1915(e) and 28 U.S.C. 1915A and require a response: (1) plaintiff's Eighth Amendment medical indifference claim against defendant Bui; (2) plaintiff's Eighth Amendment excessive force and failure-to-intervene claims against defendants Short, Jones, and Banker; and (3) plaintiff's Eighth Amendment failure-to-protect claims against defendants Burns and Roth; 5. Plaintiff's remaining Section 1983 claims are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e) and 28 U.S.C. 1915A for failure to state a claim upon which relief may be granted; 6. Defendants Plaisime, Day, and Berry are TERMINATED from this action; 7. Upon receipt from plaintiff of the documents required for service, the Clerk shall issue summonses and forward them, along with copies of the amended complaint, to the United States Marshal for service upon defendants Bui, Short, Jones, Banker, Burns, and Roth. The Clerk shall forward a copy of the summons and amended complaint to the Office of the New York State Attorney General, together with a copy of this Decision and Order. Signed by Judge David N. Hurd on 3/10/2020. {order served via regular mail on plaintiff}(nas) [Transferred from New York Northern on 3/16/2020.]
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Filing 26
AMENDED COMPLAINT filed by Robert Derek Lurch, Jr..(nas, ) [Transferred from New York Northern on 3/16/2020.]
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Filing 25
Text Order: Plaintiff's #24 letter request for copies of the complaint and the #17 Status Report filed by the New York State Attorney General's Office is granted. Plaintiff's deadline to file a proper amended complaint in accordance with the Court's 10/30/19 Decision and Order is reset March 2, 2020. The Clerk is directed to provide plaintiff with a copy of the complaint, the Status Report, and the 10/30/19 Decision and Order. Plaintiff is advised that, in the event he fails to timely comply with this Order, this action will be dismissed without prejudice, without further Order of this Court, and the Clerk shall close this case. Plaintiff is further advised that in the absence of a showing of good cause, he will not be granted any further extensions of time to comply with the Court's 10/30/19 Decision and Order. Authorized by Judge David N. Hurd on 1/27/2020.{text order and referenced documents served via regular mail on plaintiff} (nas) [Transferred from New York Northern on 3/16/2020.]
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Filing 24
Letter Motion from Robert Derek Lurch, Jr. requesting copy of complaint so he may amend. (nas, ) [Transferred from New York Northern on 3/16/2020.]
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Filing 23
TEXT ORDER RE: #22 Letter Request. Plaintiff's request for copies of documents is granted. The Clerk is directed to provide plaintiff with a copy of the complaint (Dkt. No. 2); status report (Dkt. No. 17); and a copy of the 12/30/19 Decision and Order (Dkt. No. 20). Plaintiff is granted an extension of time until 1/31/2020 to comply with the 10/30/19 Decision and Order. Authorized by Judge David N. Hurd on 12/26/19. {text order and referenced documents served via regular mail on plaintiff}(nas ) [Transferred from New York Northern on 3/16/2020.]
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Filing 22
Letter Motion from Robert Derek Lurch, Jr. requesting copies of documents so he may amend his complaint. (nas, ) [Transferred from New York Northern on 3/16/2020.]
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Filing 21
NOTICE of Change of Address by Robert Derek Lurch, Jr. Effective Date 12/15/19 New Address: VCBC (nas, ) [Transferred from New York Northern on 3/16/2020.]
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Filing 20
DECISION AND ORDER:ORDERED that 1. Plaintiff must, within thirty (30) days of the filing date of this Decision and Order, review the Status Report (Dkt. No. 17) filed by New York State Attorney General's Office and, to the extent that he is able to identify one or more of the previously unidentified defendants based on the submission, submit to the Court an amended complaint substituting the named defendant(s) in place of the appropriate unidentified defendant; 2. In the event plaintiff is unable to identify any of the defendants he intended to sue despite the Status Report, he must advise the Court of this within THIRTY DAYS of the date of this Decision and Order, and also advise the Court why he does not believe any of the individuals identified in the Status Report are defendants who he intended to sue; 3. In the event plaintiff fails to timely comply with this Decision and Order, this action will be dismissed without prejudice without further Order of this Court and the Clerk shall close the case; 4. That upon plaintiff's compliance with this Decision and Order, the file shall be returned to the Court for further review; and 5. The Clerk shall serve a copy of this Decision and Order on plaintiff, along with a copy of the complaint and the Status Report.Signed by Judge David N. Hurd on 10/30/19. ( Notice of Compliance Deadline 11/29/2019, Case Review Deadline 12/30/2019){served as directed} (nas) [Transferred from New York Northern on 3/16/2020.]
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Filing 19
NOTICE of Change of Address by Robert Derek Lurch, Jr. Effective Date 10/4/19 New Address: PO Box 540807, Bronx NY 10454 (nas, ) [Transferred from New York Northern on 3/16/2020.]
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Filing 18
TEXT ORDER: In response to the 15 Text Order issued by the Court, counsel has filed a #17 Status Report in an effort to assist plaintiff in identifying the defendants sued in this case. Plaintiff should review counsel's submission. To the extent that plaintiff is able to identify one or more of the previously unidentified defendants based on the submission, plaintiff shall, within thirty (30) days of the date of this Order, prepare an amended complaint which substitutes each named defendant in place of the appropriate unidentified defendant, and which makes any other corrections necessary. In an effort to assist plaintiff in preparing an amended complaint, the Clerk shall send plaintiff a copy of his #2 complaint. Authorized by Magistrate Judge Daniel J. Stewart on 9/17/19. {text order and copy of dkt. no. 2 served via regular mail on plaintiff}(nas ) [Transferred from New York Northern on 3/16/2020.]
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Filing 17
STATUS REPORT in response to the Court's Text Order (Dkt. No. 15) by John Doe. (Mitchell, Mark) [Transferred from New York Northern on 3/16/2020.]
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Filing 16
NOTICE OF CHANGE OF ADDRESS/STATUS INQUIRY: Filed by Robert Derek Lurch, Jr. Effective Date: August 21, 2019. Old Address: P.O. Box 540807, Bronx, NY 10454. New Address: Brooklyn Detention Complex (BKDC), 275 Atlantic Avenue, Brooklyn, NY 11201. {Copy of docket sheet sent via regular mail to plaintiff's new address}. (rep) [Transferred from New York Northern on 3/16/2020.]
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Filing 15
TEXT ORDER: On May 22, 2019, the Honorable Nelson Stephen Roman of the Southern District of New York issued an Order directing "the Attorney General of the State of New York, who is the attorney for and agent of DOCCS, [to] ascertain the identities of each of the defendants whom Plaintiff seeks to sue here, the defendants' badge numbers (if applicable), and the address where each of them may be served" and "provide this information to Plaintiff and the Court within sixty days...." Dkt. No. 10 ("May 2019 Order"). Thereafter, and in lieu of complying with this Order, an attorney from the New York Attorney General's Office filed a #12 motion to change venue, which was granted on July 16, 2019. See Dkt. No. 13. This action was then transferred to the Northern District of New York on July 24, 2019. Dkt. No. 14. Because the New York State Attorney General's Office has yet to comply with the May 2019 Order, the Clerk is directed to send copies of the May 2019 Order and the docket sheet to the New York State Attorney General's Office, which shall have thirty (30) days from the date of this Order to comply with the May 2019 Order. Plaintiff shall then have thirty (30) days from the date that the New York State Attorney General's Office complies with the May 2019 Order to file an amended complaint naming the defendants. The amended complaint must be a complete pleading, which will replace, not supplement, the original complaint. Once plaintiff has filed an amended complaint, it will be screened in accordance with 28 U.S.C. 1915(e)(2)(B). Authorized by Magistrate Judge Daniel J. Stewart on 8/7/19. {served as directed}(nas) [Transferred from New York Northern on 3/16/2020.]
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Filing 14
Case transferred in from District of New York Southern; Case Number 7:18-cv-09592. electronically transferred when case opened [Transferred from New York Northern on 3/16/2020.]
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CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York (rj) [Transferred from New York Southern on 7/24/2019.] [Transferred from New York Northern on 3/16/2020.]
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Filing 13
ORDER granting #12 Motion to Change Venue. After review of the Complaint(ECF No. 2), the Court finds transfer to the Northern District of New York to be appropriate per 28 U.S.C. 1391(b) & 1404. The majority of events alleged in the complaint occurred in the N.D.N.Y. and eight of nine Defendants' reside in that District. The Clerk of the Court is directed to terminate the motion at ECF No. 12 & mail a copy of this endorsement to Plaintiff at his address on the docket & show proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 7/16/2019) (rj) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 7/24/2019.] [Transferred from New York Northern on 3/16/2020.]
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Mailed a copy of #13 Order on Motion to Change Venue, to Robert Derek Lurch, Jr. P.O. Box 540807 Bronx, NY 10454. (aea) [Transferred from New York Southern on 7/24/2019.] [Transferred from New York Northern on 3/16/2020.]
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Filing 12
MOTION to Change Venue by Letter. Document filed by John Doe.(Powers, Janice) [Transferred from New York Southern on 7/24/2019.] [Transferred from New York Northern on 3/16/2020.]
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Received Return Receipt of Mail Order by Certified Mail, as to New York City Law Department Corporation Counsel for the City of New York 100 Church Stre et New York, NY 10007, which was served by Certified Mail # 7017 2680 0000 1025 4670. (vba) [Transferred from New York Southern on 7/24/2019.] [Transferred from New York Northern on 3/16/2020.]
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Filing 11
INFORMATION PACKAGE MAILED to Robert Derek Lurch, Jr., at P.O. Box 540807 Bronx, NY 10454, on 5/24/2019 Re: #10 Valentin Order 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 flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), 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, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (bwa) [Transferred from New York Southern on 7/24/2019.] [Transferred from New York Northern on 3/16/2020.]
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Mailed a copy of #10 Valentin Order, #2 Complaint to Attorney General of the State of New York at 28 Liberty Street, New York, New York 10005 and to the New York City Law Department Corporation Counsel for the City of New York 100 Church Street New York, NY 10007 by Certified Mail # 7017 2680 0000 1025 4670 with Return Receipt Requested. (aea) [Transferred from New York Southern on 7/24/2019.] [Transferred from New York Northern on 3/16/2020.]
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Filing 10
VALENTIN ORDER: Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the district court in identifying an unidentified defendant. 121 F.3d 72, 76 (2d Cir. 1997). In the complaint, Plaintiff supplies sufficient information to permit DOCCS to identify the defendants, their badge numbers (if applicable), and the addresses where they may be served. The defendants include the following individuals: (1) a Correctional Sergeant who, on April 19, 2018, was present in the Mid-State housing unit where Plaintiff was involved in a prisoner fight, and who ordered Plaintiff removed from that unit, (2) a Correctional Sergeant who is white, female, and may have red hair, and who, on March 22, 2018, was present in the MidState housing unit where Plaintiff was attacked by other prisoners, (3) a Correctional Officer who, on July 17, 2017, at approximately 1:00 p.m., was assigned to the desk of Mid-State's Building 114, (4) a Correctional Officer who, on July 17, 2017, at approximately 1:00 p.m., was present at, but not assigned to, the desk of Mid-State's Building 114, (5) a Correctional Sergeant or Lieutenant who, on July 17, 2017, between 12:30 p.m. and 1:00 p.m., was present at the desk of Mid-State's Building 114, (6) a second Correctional Sergeant or Lieutenant who, on July 17, 2017, between 12:30 p.m. and 1:00 p.m., was also present at the desk of Mid-State's Building 114, (7) a dentist who, on April 19, 2018, examined Plaintiff at Mid-State, (8) a nurse who, between April 2018 and July 2018, received written or oral requests for medical attention from Plaintiff at Mid-State, and (9) a nurse who, following Plaintiff's transfer to Fishkill on July 26, 2018, received written or oral requests for medical attention from Plaintiff at that facility. It is therefore ordered that the Attorney General of the State of New York, who is the attorney for and agent of DOCCS, must ascertain the identities of each of the defendants whom Plaintiff seeks to sue here, the defendants' badge numbers (if applicable), and the address where each of them may be served. The 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 defendants. The amended complaint will replace, not supplement, the original complaint. An amended complaint form that Plaintiff should complete 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 appropriate forms with the service addresses for the defendants and deliver all documents necessary to effect service on them to the U.S. Marshals Service. The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk is further directed to show proof of service on the docket. The Clerk of Court is also directed to mail a copy of this order and the complaint to the Attorney General of the State of New York at 28 Liberty Street, New York, New York 10005. An amended complaint form is attached to this order. 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 Nelson Stephen Roman on 5/22/2019) (rj) Transmission to Docket Assistant Clerk for processing. Transmission to Pro Se Assistants for processing. [Transferred from New York Southern on 7/24/2019.] [Transferred from New York Northern on 3/16/2020.]
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NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Colleen McMahon is no longer assigned to the case. (wb) [Transferred from New York Southern on 7/24/2019.] [Transferred from New York Northern on 3/16/2020.]
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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) [Transferred from New York Southern on 7/24/2019.] [Transferred from New York Northern on 3/16/2020.]
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Case Designated Local Rule 33.2. (jjg) [Transferred from New York Southern on 7/24/2019.] [Transferred from New York Northern on 3/16/2020.]
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Mailed a copy of #8 Order Granting IFP Application to Robert Derek Lurch, Jr. P.O. Box 540807 Bronx, NY 10454. (aea) [Transferred from New York Southern on 7/24/2019.] [Transferred from New York Northern on 3/16/2020.]
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Filing 8
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Colleen McMahon on 5/17/2019) (sac) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 7/24/2019.] [Transferred from New York Northern on 3/16/2020.]
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Filing 7
SECOND AMENDED APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Robert Derek Lurch, Jr.(sc) [Transferred from New York Southern on 7/24/2019.] [Transferred from New York Northern on 3/16/2020.]
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Mailed a copy of #6 Order Directing Payment of Fee or IFP Application, to Robert Derek Lurch, Jr. DIN No. 16-A-2468 P.O. Box 540807 Bronx, NY 10454. (vba) [Transferred from New York Southern on 7/24/2019.] [Transferred from New York Northern on 3/16/2020.]
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Filing 6
ORDER DIRECTING PAYMENT OF FEES OR SECOND AMENDED IFP APPLICATION: Within thirty days of the date of this order, Plaintiff must either pay the $400.00 in fees to commence this action, or complete and submit the attached second amended IFP application in which he shows why he now cannot afford to pay those fees. If he files a second amended IFP application, he must specifically address why he now cannot afford to pay those fees despite receiving $65,000.00 on January 29, 2018. If Plaintiff submits a second amended IFP application, it should be labeled with docket number 18-CV-9592 (CM). The Court directs the Clerk of Court to mail a copy of this order to Plaintiff and note service on the docket. No summons shall issue at this time. If Plaintiff complies with this order, this action shall be processed in accordance with the procedures of the Clerk's Office. If Plaintiff fails to comply with this order within the time allowed, the Court will dismiss 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 IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. Filing Fee due by 5/16/2019. In Forma Pauperis (IFP) Application due by 5/16/2019. (Signed by Judge Colleen McMahon on 4/16/2019) (Attachments: #(1) Attachment) (rjm). Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 7/24/2019.] [Transferred from New York Northern on 3/16/2020.]
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Filing 5
PRO SE MEMORANDUM, dated 3/28/19 re: CHANGE OF ADDRESS for Robert Derek Lurch, Jr. New Address: P.O. Box 540807, Bronx, New York, 10454. (sc) [Transferred from New York Southern on 7/24/2019.] [Transferred from New York Northern on 3/16/2020.]
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Filing 4
AMENDED APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Robert Derek Lurch, Jr.(sc) [Transferred from New York Southern on 7/24/2019.] [Transferred from New York Northern on 3/16/2020.]
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Mailed a copy of #3 Order Directing Payment of Fee or IFP Application, to Robert Derek Lurch, Jr. DIN No. 16-A-2468 c/o SPO S. Davis & PO M. Ortiz Bronx IV Area Office 14 Bruckner Avenue Bronx, NY 10454. (aea) [Transferred from New York Southern on 7/24/2019.] [Transferred from New York Northern on 3/16/2020.]
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Filing 3
ORDER DIRECTING PAYMENT OF FEES OR AMENDED IFP FOR RELEASED PRISONER: The Clerk of Court is directed to assign this matter to my docket and mail a copy of this order to Plaintiff at the following address (his parole officers address): c/o SPO S. Davis & PO M. Ortiz, Bronx IV Area Office, 14 Bruckner Avenue, Bronx, New York 10454. The Clerk of Court is further directed to note service on the docket. Within thirty days of the date of this order, Plaintiff must either pay the $400.00 in fees that are required to file a civil action in this Court or complete and submit the attached amended IFP application. If Plaintiff submits the amended IFP application, it should be labeled with docket number 18-CV-9592 (CM). Plaintiff must also update his address of record within thirty days of the date of this order. No summons shall issue at this time. If Plaintiff fails to comply with this order within the time allowed, the Court will dismiss this action for failure to comply with this order, without prejudice to Plaintiff's refiling it. 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 appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. Filing Fee due by 4/19/2019. In Forma Pauperis (IFP) Application due by 4/19/2019. (Signed by Judge Colleen McMahon on 3/20/2019) (Attachments: #(1) Attachment) (rjm) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 7/24/2019.] [Transferred from New York Northern on 3/16/2020.]
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (rjm) [Transferred from New York Southern on 7/24/2019.] [Transferred from New York Northern on 3/16/2020.]
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Filing 2
COMPLAINT against Dentist, John Doe, Nurse, Sergeant, Sergeant One. Document filed by Robert Derek Lurch, Jr.(sac) [Transferred from New York Southern on 7/24/2019.] [Transferred from New York Northern on 3/16/2020.]
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Robert Derek Lurch, Jr.(sac) [Transferred from New York Southern on 7/24/2019.] [Transferred from New York Northern on 3/16/2020.]
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Case Designated ECF. (sac) [Transferred from New York Southern on 7/24/2019.] [Transferred from New York Northern on 3/16/2020.]
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