Cox v. Morley et al
Plaintiff: Sampson Cox
Defendant: Nurse Administator Diane Hinton, Dermathologist Miranda Zander, Chief Doctor John Morley, Chief Doctor Carl J. Koenisgsmann, Doctor Yelena Korobkova, Nurse Judith Ann Camara, Nurse Carol Chiocchi, Dr. David Karandy, Medical Personnel Jane Doe #3, Physician Susan Delvin-Varin, Medical Personnel Jane Doe #2, Governor Andrew M. Cuomo, Medical Personnel Jane Doe #1, Nurse Kyle Henry, Superintendent William Keyser, Nurse Abigail Yerkes, Acting Commissioner Anthony J. Annucci, Nurse Assistant Constance Lescano and DR. Mikhail Gusman
Case Number: 7:2020cv07381
Filed: September 9, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Nelson Stephen Roman
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 20, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 30, 2020 Opinion or Order Mailed a copy of #23 Order to Sampson Cox, DIN No. 13-A-1519 at Great Meadow Correctional Facility, Box 51, Comstock, NY 12821-0051. (kh)
October 29, 2020 Opinion or Order DOCUMENTS pertaining to PARTY TRANSFER OUT (10/6/2020, docket entry 16) re: Sampson L. Cox; the Court's Partial Transfer Order & Order of Service dated October 6, 2020 and Order dated 10/29/2020 . Sent original file along with documents numbered 19, 20, 21, 22, certified copy of docket entries and transfer orders from the U.S.D.C. Southern District of New York to the United States District Court - Northern District of New York; UPS tracking number 1Z E22 E53 37 1005 137 3 on 11/6/2020. (mml) Modified on 11/6/2020 (tro). Modified on 11/6/2020 (tro).
October 29, 2020 Opinion or Order Filing 23 ORDER. To the extent that Plaintiff seeks to renew his application for a preliminary injunction in this Court, his motion is DENIED without prejudice. He is directed to renew his motion in the transferee court if he wishes to proceed with his application. Second, Plaintiff is advised that he is not required to file a new complaint in the Northern District of New York in order to proceed with his transferred claims in the transferee court. Instead, the Clerk of the Court will complete the transfer of his claims by submitting the files from this Court to the Northern District of New York. Plaintiff will receive further notification after the transferred action has been assigned to a court in the Northern District of New York. The Clerk of the Court is respectfully directed to include ECF Nos. 19, 20, 21, and 22 in the files submitted to the transferee court in the Northern District of New York. The Clerk of the Court is further directed to mail a copy of this Order to Plaintiff at his address as listed on ECFand to show proof of service on the docket. So Ordered. (Signed by Judge Nelson Stephen Roman on 10/29/20) (yv) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing.
October 22, 2020 Opinion or Order Filing 22 LETTER from Sampson Cox dated 10/19/20 re: Enclosed please find grievances with written dates of 3/7/19 and 10/14/18, and place them as Exhibit B etc. According to Partial Transfer Order, date filed 10/6/22, I would like to know if the Northern District defendants' case will be opened on its own or whether I have to submit a complaint on my own. Document filed by Sampson Cox.(sc)
October 15, 2020 Opinion or Order Filing 21 LETTER from Sampson Cox, dated 10/12/20 re: Enclosed please find a letter addressed to Commissioner Anthony Annucci regarding my request for a Preliminary Injunction/ Temporary Restraining Order. Also enclosed please find correspondence from Chief Doctor John Morley, Defendant in this case etc. Document filed by Sampson Cox.(sc)
October 15, 2020 Opinion or Order Filing 20 LETTER from Sampson Cox, dated 10/12/20 re: Enclosed please find relevant sick call copies as Exhibit A(as indicated). I am suffering dearly; and the law under the Eighth Amendment is being intentionally violated etc. Pages consist of 10 wit excessive dates listed.. Document filed by Sampson Cox.(sc)
October 14, 2020 Opinion or Order Filing 19 LETTER from Sampson Cox, dated 10/6/20 re: Enclosed find relevant Grievances from Sullivan Correctional Facility, dated 11/12/18, 3/7/19 and 4/16/19. Exhibit B. Also, please find the letter addressed to Honorable Nelson S. Roman etc. Document filed by Sampson Cox.(sc)
October 7, 2020 Opinion or Order Filing 18 INFORMATION PACKAGE MAILED to Sampson Cox 13-A-1519 Great Meadow Correctional Facility Box 51 Comstock, NY 12821-0051, at, on 10/7/2020 Re: #16 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. (aan)
October 7, 2020 Opinion or Order Filing 17 SUMMONS ISSUED as to Judith Ann Camara, Carol Chiocchi, Mikhail Gusman, Kyle Henry, Diane Hinton, William Keyser, Yelena Korobkova, Constance Lescano, Abigail Yerkes. (aan)
October 7, 2020 Opinion or Order FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 10/7/2020 Re: Judge Nelson Stephen Roman #16 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) Dr. Mikhail Gusman; Dr. Yelena Korobkova; Nurse Assistant Constance Lescano; Nurse Kyle Henry; Nurse Judith Ann Camara; Nurse Abigail Yerkes; Nurse Administrator Diane Hinton; Nurse Carol Chiocci; and Superintendent William Keyser. (aan)
October 7, 2020 Opinion or Order Mailed a copy of #15 Order on Application for the Court to Request Counsel, to Sampson Cox, DIN 13-A-1519, Great Meadow Correctional Facility, Box 51, Comstock, NY 12821-0051. (dsh)
October 6, 2020 Opinion or Order Filing 16 PARTIAL TRANSFER ORDER & 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 denies the order to show cause and the motion for permissive joinder of defendants under Federal Rule of Civil Procedure 20(a)(2), and the Clerk of Court is directed to terminate them. (ECF Nos. 4, 7.) The Clerk of Court is further directed to sever the claims against Dr. David Kanady, Dr. Susan Devlin-Varin, Chief Doctor John Morley, Chief Doctor Carol Koenigsmann, Dermatologist Miranda Zander, Acting Commissioner Anthony Annucci, and Governor Andrew Cuomo, and transfer the action involving those defendants, under 28 U.S.C. 1404(a), to the United States District Court for the Northern District of New York. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Defendants Dr. Mikhail Gusman, Dr. Yelena Korobkova, Nurse Assistant Constance Lescano, Nurse Kyle Henry, Nurse Judith Ann Camara, Nurse Abigail Yerkes, Nurse Administrator Diane Hinton, Nurse Carol Chiocci, and Superintendent William Keyser 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). Party Susan Delvin-Varin, David Karandy, Carl J. Koenisgsmann, John Morley, Miranda Zander, Anthony J. Annucci and Andrew M. Cuomo (individually and in their official capacities) terminated. (Signed by Judge Nelson Stephen Roman on 10/6/2020) (mro) Transmission to Pro Se Assistants for processing. Modified on 10/7/2020 (mro).
October 6, 2020 Opinion or Order Filing 15 ORDER DENYING REQUEST FOR PRO BONO COUNSEL denying without prejudice #14 Application for the Court to Request Counsel. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The motion for pro bono counsel is denied without prejudice, and the Clerk of Court is directed to terminate it. (ECF No. 14.) 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). (Signed by Judge Nelson Stephen Roman on 10/6/2020) (mro) Transmission to Docket Assistant Clerk for processing.
October 6, 2020 Opinion or Order PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Dr. David Kanady, Dr. Susan Devlin-Varin, Chief Doctor John Morley, Chief Doctor Carol Koenigsmann, Dermatologist Miranda Zander, Acting Commissioner Anthony Annucci, and Governor Andrew Cuomo only, from the U.S.D.C. Southern District of New York to the United States District Court - Northern District of New York. (mro)
October 5, 2020 Opinion or Order Filing 14 NOTICE OF MOTION, re: Application for the Court to Request Counsel. Document filed by Sampson Cox.(sc)
October 5, 2020 Opinion or Order Filing 13 DECLARATION(letter)from Sampson Cox, dated 9/28/20 re: I respectfully told Superintendent Miller that medical care is intentionally being ignored by medical staff here at Great Meadow Correctional Facility. Document filed by Sampson Cox.(sc) Modified on 10/6/2020 (sc). Modified on 10/6/2020 (sc).
September 30, 2020 Opinion or Order Filing 12 LETTER from Sampson Cox, dated 9/26/20 re: Enclosed please find addressed to Defendants John Morley and Doctor Karandy(as indicated). Please apply to case for Injunction/ Preliminary Restraining Order. Document filed by Sampson Cox.(sc)
September 29, 2020 Opinion or Order Filing 11 LETTER from Sampson Cox, dated 9/24/20 re: Enclosed please find supporting correspondence sent to Governor Andrew Cuomo, Defendant(as indicated). On 9/24/20, correspondence sent to Governor Andrew Cuomo is in support of my written and submitted request for a preliminary injunction/ temporary restraining order which was submitted to your Court on 9/8/20. Document filed by Sampson Cox.(sc)
September 24, 2020 Opinion or Order Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Sampson Cox 13-A-1519 Great Meadow Correctional Facility Box 51 Comstock, NY 12821-0051 on 9/24/2020. (aan)
September 23, 2020 Opinion or Order Filing 10 LETTER from Sampson Cox, dated 9/20/20 re: I submitted my Civil Complaint on 8/30/20 along with medical and correspondence from DOCCS and Governor, Commissioner, and Exhibits. I did not have enough postage the first time. I re-submitted my Civil Complaint, Summons and Exhibits on 8/31/20 to your Court. I would appreciate the acknowledgment of such service to your Court etc. Document filed by Sampson Cox.(sc)
September 23, 2020 Opinion or Order Request for Copy of the updated Docket Sheet Received: Re #10 Letter,. Request for Docket Report, from Sampson Cox received on 9/23/19. Transmission to Pro Se Assistants for processing. (sc)
September 23, 2020 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Unassigned is no longer assigned to the case..(bcu)
September 23, 2020 Opinion or Order 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)
September 21, 2020 Opinion or Order Mailed a copy of #9 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Great Meadow Correctional Facility, 11739 State Route 22, Box 51, Comstock, NY 12821-0051 and to Sampson Cox,DIN 13-A-1519 at Great Meadow Correctional Facility, Box 51, Comstock, NY 12821-0051. (dsh)
September 18, 2020 Opinion or Order Filing 8 DECLARATION of Sampson Cox in Support re: #7 MOTION for an Order purs. to Rule 20(a)(2) permitting a plaintiff to join multiple defendants in one action if any right to relief is asserted against them jointly, severally etc. Document filed by Sampson Cox. (sc)
September 18, 2020 Opinion or Order Filing 7 NOTICE OF MOTION, re: for an Order purs. to Rule 20(a)(2) permitting a plaintiff to join multiple defendants in one action if any right to relief is asserted against them jointly, severally etc. Document filed by Sampson Cox.(sc)
September 17, 2020 Opinion or Order Filing 6 LETTER from Sampson Cox, dated 9/14/20 re: "ENCLOSED FIND RELEVANT MEDICAL COPIES AS EXHIBIT A (5 Pages as indicated)" - Please refer to prior case 7:18cv10152-KMK. This case was dismissed by me in hopes that DOCCS would honor my highly serious medical problem. Document filed by Sampson Cox.(sc)
September 17, 2020 Opinion or Order Filing 5 LETTER from Sampson Cox, dated 9/14/20 re: "CIVIL RIGHTS COMPLAINT SUBMITTED ON 8/30/20 TO THE ABOVE LISTED DISTRICT COURT "- COX V. MORLEY ET AL. - Enclosed please find relevant exhibits for Medical as Exhibit A(9 pages). Also, find Decision Order & Judgment, Index No. 1921-18 Material as Exhibit B CC. Document filed by Sampson Cox.(sc)
September 16, 2020 Opinion or Order Filing 9 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 9/16/2020) (vn) Transmission to Docket Assistant Clerk for processing.
September 11, 2020 Opinion or Order Filing 4 ORDER TO SHOW CAUSE(Motion)FOR A PRELIMINARY INJUNCTION & A TEMPORARY RESTRAINING ORDER. Document filed by Sampson Cox.(sc)
September 9, 2020 Opinion or Order Filing 3 PRISONER AUTHORIZATION. Document filed by Sampson Cox..(rdz)
September 9, 2020 Opinion or Order Filing 2 COMPLAINT against Anthony J. Annucci, Judith Ann Camara, Carol Chiocchi, Andrew M. Cuomo, Susan Delvin-Varin, Mikhail Gusman, Kyle Henry, Diane Hinton, David Karandy, William Keyser, Carl J. Koenisgsmann, Yelena Korobkova, Constance Lescano, Medical Personnel Jane Doe #1, Medical Personnel Jane Doe #2, Medical Personnel Jane Doe #3, John Morley, Abigail Yerkes. Document filed by Sampson Cox.(rdz)
September 9, 2020 Opinion or Order Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Sampson Cox..(rdz) (Main Document 1 replaced on 9/10/2020) (rdz).
September 9, 2020 Opinion or Order Case Designated ECF. (rdz)

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Defendant: Nurse Administator Diane Hinton
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Defendant: Dermathologist Miranda Zander
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Defendant: Chief Doctor John Morley
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Defendant: Chief Doctor Carl J. Koenisgsmann
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Defendant: Doctor Yelena Korobkova
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Defendant: Nurse Judith Ann Camara
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Defendant: Nurse Carol Chiocchi
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Defendant: Dr. David Karandy
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Defendant: Medical Personnel Jane Doe #3
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Defendant: Physician Susan Delvin-Varin
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Defendant: Medical Personnel Jane Doe #2
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Defendant: Governor Andrew M. Cuomo
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Defendant: Medical Personnel Jane Doe #1
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Defendant: Nurse Kyle Henry
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Defendant: Superintendent William Keyser
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Defendant: Nurse Abigail Yerkes
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Defendant: Acting Commissioner Anthony J. Annucci
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Defendant: Nurse Assistant Constance Lescano
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Defendant: DR. Mikhail Gusman
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Plaintiff: Sampson Cox
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