McAvoy v. Franco et al
| Matthew Joesph McAvoy |
| John Doe # 1 and Correction Officer Franco |
| 7:2020cv08345 |
| October 6, 2020 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Prisoner Trust Fund Account Statement by Matthew Joesph McAvoy. (vn) |
Filing 8
INFORMATION PACKAGE MAILED to Matthew Joesph McAvoy 11-A-4380 Auburn Corr. Facility P.O. Box 618 Auburn, NY 13024, at, on 10/29/2020 Re: #6 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)
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| Filing 7 SUMMONS ISSUED as to Franco. (aan) |
| Mailed a copy of #6 Order of Service, #2 Complaint to New York State Attorney General 28 Liberty Street, New York, NY 10005. (aan) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 10/29/2020 Re: Judge Vincent L. Briccetti #6 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)Correction Officer Franco. (aan) |
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Filing 6
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 dismisses Plaintiff's claims against the New York State Department of Corrections and Community Supervision. See 28 U.S.C. 1915(e)(2)(B)(iii). The Clerk of Court is further instructed to complete the USM-285 form with the address for Correction Officer Franco and deliver to the U.S. Marshals Service all documents necessary to effect service on this defendant. The Clerk of Court is directed to mail a copy of this order and the complaint to the New York State Attorney General at: 28 Liberty Street, New York, NY 10005. An "Amended Complaint" form is attached to this order. Local Civil Rule 33.2 applies to 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 an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). USM-285 Form due by 11/27/2020. Request for Issuance of Summons due by 11/27/2020. (Signed by Judge Vincent L. Briccetti on 10/28/2020) (nb) Transmission to Pro Se Assistants for processing.
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| Magistrate Judge Andrew E. Krause 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) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case..(bcu) |
| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Auburn Correctional Facility at 135 State Street, Auburn, NY 13024-9000. (dsh) |
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Filing 4
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: Plaintiff's application for leave to proceed without prepayment of fees is granted. A prisoner bringing a civil action is required to pay the full $350 filing fee even when proceeding in forma pauperis (IFP), that is, without prepayment of fees.... The Court must collect, when funds exist in a prisoner's account, an initial partial filing fee plus monthly payments. 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 10/19/2020) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Matthew Joesph McAvoy..(rdz) |
| Filing 2 COMPLAINT against Franco, John Doe # 1. Document filed by Matthew Joesph McAvoy..(rdz) (Main Document 2 replaced on 10/15/2020) (rdz). |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Matthew Joesph McAvoy..(rdz) |
| Case Designated ECF. (rdz) |
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