Jackson v. Pagan
Case Number: 1:2020cv05176
Filed: July 8, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
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Date Filed Document Text
August 31, 2023 Opinion or Order Filing 91 ORDER: Accordingly, it is HEREBY ORDERED: 1. Plaintiff's requests for a writ of execution and discovery are DENIED. 2. Plaintiff is directed to execute the voucher sent by defense counsel and return it to defense counsel. The Court certifies u nder 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). Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 8/31/2023) Copies Mailed By Chambers. (mml)
February 13, 2023 Opinion or Order Filing 83 ORDER: The Court has been advised that the parties have reached a settlement in this case. (Doc. #82). Accordingly, it is HEREBY ORDERED: 1. By March 14, 2023, defense counsel shall submit a stipulation of dismissal or a further status report on s ettlement. 2. All pending deadlines, including those set forth in the Court's Order dated January 11, 2023 (Doc. #81 ), are STAYED pending further Court Order. Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 2/13/2023) Copies Mailed By Chambers. (ks)
January 11, 2023 Opinion or Order Filing 81 ORDER: As discussed at a telephone conference held on the record today, at which plaintiff, who is proceeding pro se, and defense counsel appeared, it is HEREBY ORDERED: The parties are directed to continue discussing settlement in good faith. By Feb ruary 13, 2023, defense counsel shall submit a status report regarding settlement efforts and indicate whether there is anything the Court can do to assist in this regard. By March 13, 2023, defendant shall file his motion for summary judgment. By Ap ril 13, 2023, plaintiff shall file his opposition. By April 27, 2023, defendant shall file his reply. The Court has been informed that plaintiff was transferred to Elmira. The Clerk is instructed to update plaintiff's address on the docket. Plai ntiff is reminded that it is his responsibility to update the Court in writing of any changes in address. Chambers will mail a copy of this Order to plaintiff at the address above. SO ORDERED., ( Motions due by 3/13/2023., Responses due by 4/13/2023, Replies due by 4/27/2023.) (Signed by Judge Vincent L. Briccetti on 1/11/2023) Copies Mailed By Chambers. (ama)
November 1, 2022 Opinion or Order Filing 77 ORDER: As discussed at a telephone conference held on the record today, at which plaintiff, who is proceeding pro se, and defense counsel appeared, it is HEREBY ORDERED: 1. Because the parties are discussing a global resolution of this case and thr ee other pending matters involving plaintiff, and because defense counsel advised the Court that he believes he will be better able to report on efforts to settle this case and the three others by the end of the year, a case management conference i s scheduled for January 11, 2023, at 9:00 a.m. The conference will proceed by telephone. It is the responsibility of defense counsel to make prior arrangements with the appropriate facility to have plaintiff available by telephone. At the time of t he scheduled conference, plaintiff and defense counsel shall use the following information to connect by telephone: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662; Access Code: 1703567. 2. By January 4, 2023, defense counsel shall submi t a status report regarding settlement efforts and indicate whether there is anything the Court can do to assist in this regard. Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Telephone Conference set for 1/11/2023 at 09:00 AM before Judge Vincent L. Briccetti.) Copies Mailed By Chambers. (Signed by Judge Vincent L. Briccetti on 11/1/2022) (mml) Modified on 11/1/2022 (mml).
October 25, 2022 Opinion or Order Filing 76 ORDER: The Court has been informed that plaintiff, who is proceeding pro se, has been transferred to Collins Correctional Facility. Accordingly, it is HEREBY ORDERED: 1. The Clerk is instructed to update plaintiffs address on the docket to reflect the address below: Thomas Jackson, DIN No. 12-A-3039, Collins Correctional Facility, Middle Road, P.O. Box 340, Collins, NY 14034-0340. 2. The parties are reminded that, by Order dated October 3, 2022, a telephone conference is scheduled for November 1, 2022, at 9:00 a.m. Plaintiff and defense counsel shall attend the telephone conference by calling the following number and entering the access code when requested: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662; Access Code: 170356 7. 3. It is the responsibility of defense counsel to make prior arrangements with Collins Correctional Facility to have plaintiff available by phone. 4. Plaintiff is reminded that it is his responsibility to advise the Court of any changes in address. 5. Chambers will mail a copy of this Order and the Order dated October 3, 2022, to plaintiff at Collins Correctional Facility. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/25/2022) (mml)
June 15, 2022 Opinion or Order Filing 68 ORDER granting 66 Letter Motion to Adjourn Conference. APPLICATION GRANTED: The case management conference currently scheduled for June 17, 2022, is adjourned to August 12, 2022, at 9:30 a.m., to proceed by telephone. At the time of the scheduled conference, plaintiff and defense counsel shall use the following information to connect by telephone: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662; Access Code: 1703567. It is defense counsel's responsibility to make prior arr angements with the appropriate facility to make plaintiff available by telephone for the August 12, 2022, conference. Chambers will mail a copy of this Order to plaintiff at the address on the docket. Clerk shall terminate the motion. (Doc#66). SO ORDERED. Telephone Conference set for 8/12/2022 at 09:30 AM before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 6/15/2022) Copies Mailed By Chambers. (mml)
June 30, 2021 Opinion or Order Filing 45 ORDER: Accordingly, it is HEREBY ORDERED that the conference scheduled for July 7, 2021 at 9:30 a.m. is ADJOURNED to August 30, 2021 at 3:30 p.m. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be ta ken 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). Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. ( Telephone Conference set for 8/30/2021 at 03:30 PM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 6/30/2021) Copies Mailed By Chambers. (vfr)
May 19, 2021 Opinion or Order Filing 40 CALENDAR NOTICE: PLEASE TAKE NOTICE that the above-captioned case has been re-scheduled for: Telephone Conference on 7/7/2021 at 9:30am, in Courtroom 620, United States Courthouse, 300 Quarropas Street, White Plains, NY 10601. Adjourned from 6/18/21. All requests for adjournments or extensions of time must be in writing and filed on ECF as letter-motions, in accordance with paragraph 1 (F) of the Court's Individual Practices. Absent special circumstances, such requests shall be made at leas t two business days prior to the scheduled appearance. Defense counsel is responsible to make arrangements for this telephone conference.All parties shall call 1-888-363-4749 Access Code 1703567. Copies mailed by Chambers., (Telephone Conference set for 7/7/2021 at 09:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 5/19/2021) (nb)
April 13, 2021 Opinion or Order Filing 36 ORDER denying 34 Letter Motion for Discovery. Accordingly, it is HEREBY ORDERED that: 1. Defendant's request for a pre-motion conference is DENIED as unnecessary. 2. The five subpoenas are QUASHED for failure to comply with Federal Rule of Civil Procedure 45. (As further set forth in this Order.) 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). Chambers will mail a copy of this Order to plaintiff at the address on the docket. (Signed by Judge Vincent L. Briccetti on 4/13/2021) (cf)
March 10, 2021 Opinion or Order Filing 26 ORDER AUTHORIZING THE DEPOSITION OF INCARCERATED PLAINTIFF: IT IS HEREBY ORDERED, pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), that an Assistant Attorney General may take the deposition of inmate Plaintiff Thomas Jackson, DIN # 12-A-3039 , before a notary public or some other officer authorized to administer oaths by the laws of the United States or of the State of New York, at a Correctional Facility maintained by the New York State Department of Corrections and Community Supervisi on, or virtually via a remote deposition at the same, upon notice to Plaintiff and the Superintendent of the Correctional Facility. Chambers will mail a copy of this Order to plaintiff at the address listed on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/10/2021) Copies Mailed By Chambers. (mml)
January 22, 2021 Opinion or Order Filing 24 ORDER denying without prejudice 21 Application for the Court to Request Counsel. Accordingly, plaintiff's request is DENIED WITHOUT PREJUDICE for renewal at an appropriate time in the future. 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). Chambers will mail a copy of this Order to plaintiff at the address on the docket. (Signed by Judge Vincent L. Briccetti on 1/22/2021) (mml)
November 18, 2020 Opinion or Order Filing 19 ORDER denying 17 Motion for Entry of Default. On November 17, 2020, the Court received a motion from plaintiff seeking the entry of default judgment against defendant. (Doc. # 17). Plaintiff's motion is DENIED with prejudice. Defendant was served with summons and notice of the complaint by mail on September 11, 2020. (See Doc. #10). As set forth on the notice of service, pursuant to a local standing order, defendant had 60 days from the date he or his agent mailed or delivered a co mpleted acknowledgment of receipt of service to file and serve an answer or other responsive pleading. According to the Acknowledgment of Receipt of Summons and Complaint, (Doc. #10), defendant's attorney acknowledged service on September 11 , 2020. Defendant therefore had until November 11, 2020 to file an answer or other responsive pleading. Defendant timely filed an answer to the complaint on November 10, 2020. (Doc. #15). Defendant also docketed proof of service on plaintiff by mai l. (Doc. # 15-1 ). Because the Court recognizes plaintiff may not have received a copy of defendant's answer, the Court has attached a copy of the answer to this Order, which will be mailed to plaintiff at the address on the docket. The Cou rt 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). Chambers will mail a copy of this Order to plaintiff at the address on the docket. The Clerk is instructed to terminate the motion (Doc. #17). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/18/2020) Copies Mailed By Chambers. (mml)
October 22, 2020 Opinion or Order Filing 13 ORDER denying without prejudice to refile 12 Motion for Entry of Default. On October 21, 2020, the Court received a motion from plaintiff seeking the entry of default judgment against defendant. (See Doc. #12). Plaintiff's motion is DENIED without prejudice to refile at a later date. Defendant was served with summons and notice of the complaint by mail on September 11, 2020. (See Doc. #10). As set forth on the notice of service, pursuant to a local standing order, defendant has 60 day s from the date he or his agent mailed or delivered a completed acknowledgment of receipt of service to file and serve an answer or other responsive pleading. According to the Acknowledgment of Receipt of Summons and Complaint, (Doc. #10), defenda nt's attorney acknowledged service on September 11, 2020. Defendant therefore has until November 11, 2020 to file an answer or other responsive pleading. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order wo uld 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). Chambers will mail a copy of this Order to plaintiff at the address on the docket. The Clerk is instructed to terminate the motion (Doc. #12). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/22/2020) (mml)
July 8, 2020 Opinion or Order Filing 4 ORDER DIRECTING PRISONER AUTHORIZATION: The Clerk of Court is directed to mail a copy of this Order to Plaintiff and note service on the docket. 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 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 s tatus 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 8/7/2020. (Signed by Judge Colleen McMahon on 7/8/2020) (Attachments: # 1 prisoner authorization) (ees) Transmission to Docket Assistant Clerk for processing.
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