Palompelli v. Smith et al
| Frank Palompelli |
| Jillian Smith, M.D., Carl J. Koenigsmann, M.D., Green Haven C.F. Medical Dept. and M.D. Frederick Bernstein |
| 7:2020cv08070 |
| September 29, 2020 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 11
INFORMATION PACKAGE MAILED to Frank Palompelli 99-A-5743 Shawangunk Correctional Facility P.O. Box 700 Wallkill, NY 12589, at, on 11/16/2020 Re: #9 Order of Service Add and Terminate Parties via 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 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. (ta)
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Filing 10
SUMMONS ISSUED as to Frederick Bernstein, Carl J. Koenigsmann, MD, Jillian Smith, MD. (ta)
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Filing 9
ORDER OF SERVICE: The Court directs the Clerk of Court to mail a copy of this order to Plaintiff, together with an information package. The Court dismisses Plaintiff's claims against the "Green Haven C.F. Medical Dept." 28 U.S.C. 1915(e)(2)(B)(ii). The Court also directs the Clerk of Court to (1) issue summonses for Defendants Smith, Bernstein, and Koenigsman, (2) complete USM-285 forms with the service addresses for those defendants, and (3) deliver all documents necessary to effect service on those defendants 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. Green Haven C.F. Medical Dept. terminated. (Signed by Judge Cathy Seibel on 11/16/2020) (mml) Transmission to Pro Se Assistants for processing.
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Mailed a copy of #7 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Shawangunk Correctional Facility, 200 Quick Road, P. O. Box 750, Wallkill, NY 12589-0750 . (dsh)
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NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Colleen McMahon is no longer assigned to the case..(bcu)
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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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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 11/16/2020 Re: Judge Cathy Seibel #9 Order of Service Add and Terminate Parties. 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)Smith, Bernstein, and Koenigsman. (ta)
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Filing 7
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 statements 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 he 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 his address changes, and the Court may dismiss the action if he fails to do so. (Signed by Judge Colleen McMahon on 11/13/2020) (vn) Transmission to Docket Assistant Clerk for processing.
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Filing 6
PRISONER AUTHORIZATION. Document filed by Frank Palompelli.(sc)
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Filing 5
APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Frank Palompelli.(sc)
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Mailed a copy of #4 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, and an IFP Application and Prisoner Authorization form, to Frank Palompelli, DIN No. 99-A-5743 at Shawangunk Correctional Facility, P.O. Box 700, Wallkill, NY 12589. (kh)
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Filing 4
ORDER DIRECTING PAYMENT OF FEES OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the relevant fees or submit a completed appropriate IFP application and a completed appropriate Prisoner Authorization 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 status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).Fees due by 11/2/2020. In Forma Pauperis (IFP) Application due by 11/2/2020. Prisoner Authorization Form due by 11/2/2020. (Signed by Judge Colleen McMahon on October 2, 2020) (Attachments: #1 IFP application, #2 Prisoner Authorization) (jjg) 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..(bcu)
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Filing 3
PRISONER AUTHORIZATION. Document filed by Frank Palompelli..(rdz)
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Filing 2
COMPLAINT against Frederick Bernstein, Green Haven C.F. Medical Dept., Carl J. Koenigsmann, MD, Jillian Smith, MD. Document filed by Frank Palompelli..(rdz)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Frank Palompelli..(rdz)
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Case Designated ECF. (rdz)
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