Herbert v. Ginty et al
| Jeremiah F. Herbert |
| Robert Zangla, Frank J. LaBuda, Deputy Officer Ruggerio, Lt. Christopher Bini, Captain James E. Ginty, Meagan Galligan, Cpl. Maris, Cpl. Matis, Cpl. Colangelo and Warden Harold Smith |
| 7:2020cv06348 |
| August 11, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Philip M Halpern |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 24, 2024. A more recent docket listing may be available from PACER.
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Filing 17
INFORMATION PACKAGE MAILED to Jeremiah F. Herbert ID No. 20200056 Sullivan County Jail 58 Old Route 17 Monticello, NY 12701, at, on 10/6/2020 Re: #15 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. (aan)
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Filing 16
SUMMONS ISSUED as to Christopher Bini, Cpl. Colangelo, James E. Ginty, Cpl. Matis, Ruggerio, Harold Smith. (aan)
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 10/6/2020 Re: Judge Philip M. Halpern #15 Order of Service. The following document(s) were enclosed in the Service Package: Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Christopher Bini, Cpl. Colangelo, James E. Ginty, Cpl. Matis, Ruggerio, Harold Smith. (aan)
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Filing 15
ORDER OF SERVICE: The Court dismisses Plaintiff's claims against Frank LaBuda, Esq on immunity grounds. See 28 U.S.C. 1915(e)(2)(B)(iii). The access-to-court claim is denied for failure to state a claim on which relief may be granted. See 28 U.S.C. 1915(e)(2)(B)(ii). The Clerk of Court is instructed to complete USM-285 forms with the addresses for Sullivan County Jail Warden Smith, Cpl. Calangelo, Capt. James Ginty, Deputy R. Ruggiero, Lt. Christopher Bini, and Cpl. Matis and deliver all documents necessary to effect service to the U.S. Marshals Service. Should Plaintiff wish to pursue his unconstitutional conditions of confinement claim, he may file a third amended complaint within 30 days of the date of this Order to provide sufficient facts to state a Fourteenth Amendment claim. The Clerk of Court is further directed to mail a copy of this order to Plaintiff, together with an information package. 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 Philip M. Halpern on 10/5/2020) Frank J. LaBuda (Attorney at Law) terminated. (ks) Transmission to Pro Se Assistants for processing.
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Filing 14
(2nd) AMENDED COMPLAINT against Christopher Bini, Cpl. Colangelo, James E. Ginty, Frank J. LaBuda, Cpl. Matis, Ruggerio, Harold Smith, re: amending #9 30/60 Days Amended Complaint, with JURY DEMAND.Document filed by Jeremiah F. Herbert. Related document: #9 30/60 Days Amended Complaint.(sc)
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Filing 13
UNSIGNED ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION & TEMPORARY RESTRAINING ORDER filed by Jeremiah F. Herbert. (sc)
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Magistrate Judge Paul E. Davison 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 Philip M. Halpern. Judge Louis L. Stanton is no longer assigned to the case..(bcu)
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Filing 12
LETTER addressed to Judge Louis L. Stanton from Jeremiah Herbert, re: I am sending enclosed copies of Complaint-Letters sent to Supervisors of defendants-listed in this action. Please add the Complaint Letters to the factual contentions to support my case under 42:1983; and that documentation is being enclosed to show how deliberate and with malicious intent defendants have put my life in danger etc. Document filed by Jeremiah F. Herbert.(sc)
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Filing 11
LETTER from Jeremiah Herbert, dated 9/1/20 re: "ORDER TO AMEND COMPLAINT"- Due to the fact that the Mailroom at S.C.J. Facility has been violating my legal-mail, I am sending enclosed another copy of my Amended Complaint(as indicated) etc. Document filed by Jeremiah F. Herbert.(sc)
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Mailed a copy of #10 Order 60 Days Amended Complaint (case opening) to Jeremiah F. Herbert, ID No. 20200056 at Sullivan County Jail, 58 Old Route 17, Monticello, NY 12701. (kh)
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Filing 10
ORDER: By order dated August 14, 2020, the Court directed Plaintiff, within sixty days, to file an amended complaint. Since then, Plaintiff submitted letters to the Court providing additional information about his claims. (ECF Nos. 7, 8.) Plaintiff cannot supplement his complaint by letter. Plaintiff should submit an amended complaint that complies with the August 14, 2020 order, and include all claims against all parties in that document. The amended complaint will completely replace the original complaint, and should be filed within sixty days of the August 14, 2020 order. See Noble v. Kelly, 246 F.3d 93 (2d Cir. 2001) (holding that under the mailbox rule, pro se prisoner filings are deemed filed on the date they are delivered to prison officials for mailing). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. (Signed by Judge Louis L. Stanton on 9/3/2020) (nb) Transmission to Docket Assistant Clerk for processing.
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Filing 9
AMENDED COMPLAINT against Christopher Bini, Cpl. Colangelo, James E. Ginty, Frank J. LaBuda, Cpl. Maris, Ruggerio, Warden Harold Smith, re: amending #3 Complaint with JURY DEMAND.Document filed by Jeremiah F. Herbert. Related document: #3 Complaint.(sc) Modified on 9/4/2020 (sc).
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Filing 8
LETTER addressed to Judge Louis L. Stanton from Jeremiah Herbert dated 8/26/20 re: As the plaintiff and upon this application for review, I would like to chose to see that Additional-Individually are added to the Complaint upon order case #20cv6348 etc. Plaintiff requests an Order declaring defendants acted in violation of the United States and New York Constitutions etc. Document filed by Jeremiah F. Herbert.(sc)
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Filing 7
LETTER addressed to Judge Louis L. Stanton from Jeremiah Herbert dated 8/25/20. On March 2020. a documented "keep separate" was issued on my behalf against inmates Nelson and Powell. On 6/5/20, I was housed on the same unit with the aforementioned. This was deliberate and malicious etc. Document filed by Jeremiah F. Herbert.(sc)
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Mailed a copy of #6 Order 60 Days Amended Complaint (case opening) to Jeremiah F. Herbert, ID # 20200056 at Sullivan County Jail, 58 Old Route 17, Monticello, NY 12701. (kh)
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Louis L. Stanton is no longer assigned to the case..(bcu)
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Filing 6
ORDER TO AMEND: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Cour's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an Amended Complaint, and label the document with docket number 20-CV-6348 (LLS). An Amended Civil Rights Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the complaint will be dismissed for failure to state a claim upon which relief may be granted. (Signed by Judge Louis L. Stanton on 8/14/2020) (nb) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #5 Order Granting IFP Application in Prisoner Case to Jeremiah F. Herbert, ID # 20200056, and the Superintendent of Sullivan County Jail, at Sullivan County Jail, 58 Old Route 17, Monticello, NY 12701. (kh)
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Filing 5
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: 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 8/13/2020) (vn) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #1 Order to Anthony Correa, ID # 20190759, Jeremiah F. Herbert, ID # 20200056, and Richard Vogel, ID # 20200003, at Sullivan County Jail, 58 Old Route 17, Monticello, NY 12701. (kh)
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Filing 4
PRISONER AUTHORIZATION. Document filed by Jeremiah F. Herbert. (sac)
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Filing 3
COMPLAINT against Christopher Bini, Meagan Galligan, James E. Ginty, Frank J. LaBuda, Ruggerio, Robert Zangla. Document filed by Jeremiah F. Herbert. (sac)
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Filing 2
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jeremiah F. Herbert. (sac)
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Filing 1
ORDER: The Court severs Plaintiffs' claims from each other under Fed. R. Civ. P. 21. Anthony Correa will proceed as the sole plaintiff in this action. The Clerk of Court is further directed to open separate civil actions with new docket numbers for Jeremiah F. Herbert and Richard Vogel. A copy of the complaint (ECF No. 2), each plaintiff's respective request to proceed IFP and prisoner authorization, and this order should be docketed in each new case.The Clerk of Court is directed to mail a copy of this order to all Plaintiffs and note service on the docket. (Signed by Judge Louis L. Stanton on 8/11/2020) (sac) Transmission to Docket Assistant Clerk for processing. Modified on 8/12/2020 (sac).
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Case Designated ECF. (sac)
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