Latimer v. The State of New York Green Haven Correctional Facility et al
| Corey A. Latimer, Sr. |
| Sgt. Muzelly, John Doe Superintendent, Det. Sgt. Rossi, The State of New York Green Haven Correctional Facility and Action Commissioner Annucci |
| 7:2021cv01275 |
| February 12, 2021 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 13, 2023. A more recent docket listing may be available from PACER.
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Filing 13
ORDER denying without prejudice #12 Motion for Summary Judgment. Accordingly, plaintiff's motion is premature and is DENIED WITHOUT PREJUDICE to refile at an appropriate time. The clerk is instructed to terminate the motion. (Doc. #12) 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). Chambers will send a copy of this Order to defendant by mail to the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 4/8/2021) Copies Mailed By Chambers. (mml)
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Filing 12
MOTION for Summary Judgment. Document filed by Corey A. Latimer, Sr. (ok)
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Filing 11
INFORMATION PACKAGE MAILED to Corey A. Latimer, Sr., 02-A-4186, at Green Haven Correctional Facility Stormville, NY 12582-4000, on 3/24/2021 Re: #10 Order of Service, Add and Terminate Parties. 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. (sha)
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SUMMONS ISSUED as to Superintendent of Green Haven Correctional Facility, Sgt. Muzelly, Sgt. Rossi. (sha)
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 3/24/2021 Re: Judge Vincent L. Briccetti #10 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) Superintendent of Green Haven Correctional Facility, Sgt. Muzelly, Sgt. Rossi. (sha)
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Filing 10
ORDER OF 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 complete the USM-285 forms with the addresses for Superintendent of Green Haven Correctional Facility, Sgt. Rossi, and Sgt. Muzelly and deliver to the U.S. Marshals Service all documents necessary to effect service on these defendants. The Court dismisses Plaintiff's claims under 1983 against the "State of New York Green Haven Correctional Facility" and DOCCS Acting Commissioner Annucci. See 28 U.S.C. 1915(e)(2)(B)(ii). 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. Action Commissioner Annucci and The State of New York Green Haven Correctional Facility terminated. (Signed by Judge Vincent L. Briccetti on 3/23/2021) (mml) Transmission to Pro Se Assistants for processing.
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NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. 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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Filing 8
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 3/22/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #8 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Green Haven Correctional Facility, 594 Rt. 216, Stormville, NY 12582-0010. (dsh)
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Filing 7
PRISONER AUTHORIZATION. Document filed by Corey A. Latimer, Sr.(sc)
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Mailed a copy of #6 Order Directing Updated Prisoner Authorization, to Corey A. Latimer, Sr., DIN 02-A-4186 at Green Haven Correctional Facility, Stormville, NY 12582-4000. (Attachments: # 1 Supplement Prisoner authorization) (dsh)
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Filing 6
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 3/25/2021. (Signed by Judge Colleen McMahon on 2/23/2021) (Attachments: #1 Supplement Prisoner authorization) (scn) 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 5
CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:21-cv-00394. Original file certified copy of transfer order and docket entries received. (sjo)
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Case Designated ECF. (sjo)
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Filing 4
ORDER: Case transferred to the Southern District of New York. Original file extracted via ecf. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. Ordered by Judge Ann M. Donnelly on 2/10/2021. (Greene, Donna) [Transferred from New York Eastern on 2/12/2021.]
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Filing 3
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) [Transferred from New York Eastern on 2/12/2021.]
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Corey A. Latimer, Sr. (Davis, Kimberly) [Transferred from New York Eastern on 2/12/2021.] Modified on 2/12/2021 (sjo).
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Filing 1
COMPLAINT against Action Commissioner Annucci, John Doe Superintendent, Muzelly, Rossi, The State of New York Green Haven Correctional Facility, filed by Corey A. Latimer, Sr. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) [Transferred from New York Eastern on 2/12/2021.]
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