Carter v. Akinyombo et al
| James Anthony Carter, Jr. |
| M. Baby, Thomas, John Doe, A. Akinyombo and K. Ngbodi |
| 7:2021cv00872 |
| January 29, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Nelson Stephen Roman |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 30, 2022. A more recent docket listing may be available from PACER.
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Filing 11
INFORMATION PACKAGE MAILED to James Anthony Carter, Jr. DIN No. 13A3858 Fishkill Correctional Facility 271 Matteawan Rd. P.O. Box 1245 Beacon, NY 12508, at, on 3/1/2021 Re: #9 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, order granting IFP application, 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 10
SUMMONS ISSUED as to A. Akinyombo, M. Baby, K. Ngbodi. (aan)
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Filing 9
ORDER OF SERVICE: To allow Plaintiff to effect service on Defendants A. Akinyombo, K. Ngbodi, and M. Baby (also known as Thomas), through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for each of these defendants. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon these defendants. Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the district court in identifying a defendant. 121 F.3d 72, 76 (2d Cir. 1997). In the complaint, Plaintiff may supply sufficient information to permit the New York State Department of Corrections and Community Supervision (DOCCS) to identify the DOCCS officials with the Central Office Review Committee who were asked to approve Plaintiff's medical treatment for his degenerative osteoarthritis. It is therefore ordered that the New York State Attorney General, who is the attorney for and agent of the DOCCS, must ascertain the identity of each John or Jane Doe DOCCS official whom Plaintiff seeks to sue here and the address where the defendant may be served. The New York State Attorney General must provide this information to Plaintiff and the Court within sixty days of the date of this order.Within thirty days after receiving this information, Plaintiff must file an amended complaint naming the John or Jane Doe defendants. The amended complaint will replace, not supplement, the original complaint. An amended complaint form for Plaintiff to complete is attached to this order. Once Plaintiff has filed an amended complaint, the Court will screen the amended complaint and, if necessary, issue an order directing the Clerk of Court to complete the USM-285 forms with the addresses for the named John or Jane Doe Defendants and deliver to the U.S. Marshals Service all documents necessary to effect service. The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk of Court is further instructed to: (1) complete the USM-285 forms with the addresses for Defendants A. Akinyombo, K. Ngbodi, and M. Baby (also known as Thomas) and deliver to the U.S. Marshals Service all documents necessary to effect service; and (2)mail a copy of this order and the complaint to New York State Attorney General at: 28 Liberty Street, New York, NY 10005. An amended prisoner civil rights complaint form is attached to this order. The Court denies Plaintiff's motion for pro bono counsel, without prejudice to renewal of the motion. SO ORDERED (Signed by Judge Nelson Stephen Roman on 3/1/2021) (rj) Transmission to Pro Se Assistants for processing.
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 3/1/2021 Re: Judge Nelson Stephen Roman #9 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) A. Akinyombo, M. Baby, K. Ngbodi. (aan)
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Mailed a copy of #2 Complaint, #9 Order of Service, to New York State Attorney General at: 28 Liberty Street, New York, NY 10005. (aan)
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NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Colleen McMahon is no longer assigned to the case..(wb)
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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. (wb)
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Mailed a copy of #7 Order Granting IFP Application in Prisoner Case to the Superintendent of Fishkill Correctional Facility at 271 Matteawan Rd., P.O. Box 1245, Beacon, NY 12508. (kh)
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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 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 2/18/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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Filing 6
PRISONER AUTHORIZATION. Document filed by James Anthony Carter, Jr.(sc)
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Mailed a copy of #5 Order Directing Updated Prisoner Authorization to James Anthony Carter, Jr., DIN No. 13A3858 at Fishkill Correctional Facility, 271 Matteawan Rd., P.O. Box 1245, Beacon, NY 12508. (kh)
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Filing 5
ORDER DIRECTING UPDATED PRISONER AUTHORIZATION: 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 Clerk of Court is directed to assign this matter to my docket. 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). Prisoner Authorization Form due by 3/3/2021. (Signed by Judge Colleen McMahon on 2/1/2021) (Attachments: #1 prisoner authorization) (keb) 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. (vba)
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Filing 4
MOTION for Appointment of Counsel. Document filed by James Anthony Carter, Jr. (sac)
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Filing 3
PRISONER AUTHORIZATION. Document filed by James Anthony Carter, Jr. (sac)
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Filing 2
COMPLAINT against A. Akinyombo, M. Baby, John Doe, John Doe, K. Ngbodi. Document filed by James Anthony Carter, Jr. (sac)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by James Anthony Carter, Jr. (sac)
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Case Designated ECF. (sac)
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