Wunner v. Smith et al
| Jonte Andrew Wunner |
| Chief H. Smith, Captain J. Ginty, Sergeant C. Zayas, Deputy Sawall, Corporal J. Wilcox, Deputy M. Gorr, Deputy S. Cunningham, Sergeant M. Shene and Lieutenant C. Bini |
| 7:2021cv01865 |
| March 1, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Vincent L Briccetti |
| Colleen McMahon |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 15, 2022. A more recent docket listing may be available from PACER.
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Filing 16
NOTICE OF APPEARANCE by Michael Davidoff on behalf of C. Bini, S. Cunningham, J. Ginty, H. Smith. (Attachments: #1 Affidavit Affidavit of Serv by Mail).(Davidoff, Michael)
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Filing 15
NOTICE OF APPEARANCE by David Clifford Holland on behalf of C. Zayas..(Holland, David)
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Filing 14
LETTER addressed to Judge Vincent L. Briccetti from J. Wunner, dated 4/6/21 re: I am waiting to be transferred to state prison any day now, so please be advised once again that I am putting a notice: "of change of address." Document filed by Jonte Andrew Wunner.(sc)
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Filing 13
LETTER addressed to Judge Vincent L. Briccetti from J. Wunner dated 4/4/21 re: "FORMAL MATTER: USM-285 FORM & REQUESTING AN EXTENSION OF TIME" - I am ordered to answer, so please send me a U.S. Marshals Service form(USM-285 form) as United State District Court Judge Vincent L. Briccetti ordered on 3/19/21 in White Plains, New York. I also request an extension of time due to the pandemic and mail not being delivered on time due to Sullivan County Jail having no control of the mail. me. Document filed by Jonte Andrew Wunner.(sc)
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Filing 12
MEMO ENDORSEMENT on re: #10 Letter, filed by Jonte Andrew Wunner, #11 Letter, filed by Jonte Andrew Wunner. ENDORSEMENT: On April 5, 2021, the Court received two letters from plaintiff, proceeding pro se and in forma pauperis. (Docs. #10, 11). Both letters contain the same requests. One letter was addressed to the Clerk of Court, and the other to the Pro Se Intake Unit. Plaintiff requests: (i) authorization to proceed in forma pauperis ("IFP"), (ii) to be sent form USM-285, (iii) for an extension of time, and (iv) for "all documents need[ed] to formally complete the process." First, plaintiff has already been granted permission to proceed IFP, and accordingly has been permitted to proceed with this action without the prepayment of fees. (Doc. #5 ("Order Granting IFP Application in Prisoner Case")). This means that plaintiff need not pay the full filing fee in order to bring this action in the first instance. However, because plaintiff is a prisoner, he must eventually pay the full filing fee pursuant to 28 U.S.C. 1915(b)(1). Judge McMahon explained this in her March 17, 2021, Order granting plaintiff's application to proceed IFP. According to that order, plaintiff has already authorized the prison to deduct the necessary amount of money from plaintiff's trust fund account (or commissary account), and to send those funds to the Court. Accordingly, plaintiff's request to proceed in forma pauperis has already been granted. Second, plaintiff's request to be sent a U.S. Marshals Process Receipt and Return form, or form USM-285, is DENIED. Form USM-285 authorizes the U.S. Marshals to serve defendants with summons and the complaint in this action. Pursuant to the Court's March 19, 2021 Order of Service (Doc. #7), the Clerk of Court will complete this form and deliver to the U.S. Marshals all necessary paperwork for them to serve defendants with the summons and complaint in this action. It is not necessary for plaintiff to complete this form. Third, plaintiff requests an extension of time. Because there is no outstanding deadline for which plaintiff needs an extension, this request is DENIED WITHOUT PREJUDICE. Fourth, plaintiff requests "all documents need[ed] to formally complete the process." To the extent plaintiff requests any additional paperwork or forms necessary to proceed with this litigation, that request is DENIED WITHOUT PREJUDICE. At the moment, there is no additional paperwork or forms required for plaintiff to proceed with this case. Plaintiff is instructed to read the information package sent to him with the Order of Service by the Clerk of Court on March 22, 2021. The information package contains Instructions for Litigants Who Do Not Have Attorneys, which will provide plaintiff with additional guidance moving forward. Chambers will mail a copy of this Order to plaintiff at the address listed on the docket. Plaintiff is reminded of his obligation to update the Court in writing as to any change of his address, and that his failure to do so may result in the dismissal of this case. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 4/6/2021) Copies Mailed By Chambers. (mml)
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Filing 11
LETTER from Jonte Wunner, dated 3/31/21 re: There was an "Order of Service," and I am ordered to to answer, so please send me a U.S. Marshals Service Form(USM-285) as Judge Vincnt Brcicetti ordered on 3/19/21. I am also requesting more time due to the pandemic and the mail having not been delivered on time etc. Document filed by Jonte Andrew Wunner.(sc)
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Filing 10
LETTER from Jonte Wunner dated 4/1/2021 re: Dear Chief Clerk of the Court, New York State District Court, Southern District of New York, please be advised my name is Jonte Wunner. I'm currently still incarcerated at Sullivan County Jail, the court granted my request to proceed without prepayment also called IFP application. I wish and authorize to proceed IFP...I do thank you in advance for your time and concerns. Document filed by Jonte Andrew Wunner. (ok)
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Pro Se Payment of Fee Processed: $9.51 Check processed by the Finance Department on 3/30/2021, Receipt Number 465401276958. (Williams, Brandon)
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Filing 9
INFORMATION PACKAGE MAILED to Jonte Andrew Wunner, ID No. 2020-0027, at Sullivan County Jail, 58 Old Route 17, Monticello, NY 12701, on 3/22/2021 Re: #7 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. (sha)
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Filing 8
SUMMONS ISSUED as to Lieutenant C. Bini, Deputy S. Cunningham, Captain J. Ginty, Deputy M. Gorr, Deputy Sawall, Sergeant M. Shene, Chief H. Smith, Corporal J. Wilcox, Sergeant C. Zayas. (sha)
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 3/22/2021 Re: Judge Vincent L. Briccetti #7 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) Lieutenant C. Bini, Deputy S. Cunningham, Captain J. Ginty, Deputy M. Gorr, Deputy Sawall, Sergeant M. Shene, Chief H. Smith, Corporal J. Wilcox, Sergeant C. Zayas. (sha)
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Filing 7
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 Defendants Chief H. Smith, Captain J. Ginty, Lieutenant C. Bini, Sergeant C. Zayas, Sergeant M. Shene, Corporal J. Wilcox, Deputy M. Gorr, Deputy Sawall, Deputy S. Cunningham and deliver to the U.S. Marshals Service all documents necessary to effect service. Local Civil Rule 33.2 applies to this action. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/19/2021) (mml) Transmission to Pro Se Assistants for processing.
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Case Designated Local Rule 33.2. (keb)
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Mailed a copy of #5 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Sullivan County Jail, 58 Old Route 17, Monticello, NY 12701. (dsh)
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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 Judith C. McCarthy 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 5
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 3/17/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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Filing 4
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jonte Andrew Wunner. (ok)
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Filing 3
PRISONER AUTHORIZATION. Document filed by Jonte Andrew Wunner. (ok)
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Mailed a copy of #2 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to Jonte Andrew Wunner, ID No. 2020-0027 at Sullivan County Jail, 58 Old Route 17, Monticello, NY 12701. (Attachments: # 1 IFP Application, # 2 Prisoner Authorization) (dsh)
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Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization 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). Filing Fee due by 4/2/2021. In Forma Pauperis (IFP) Application due by 4/2/2021. Prisoner Authorization Form due by 4/2/2021. (Signed by Judge Colleen McMahon on 3/3/2021) (Attachments: #1 IFP Application, #2 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 1
COMPLAINT against C. Bini, S. Cunningham, J. Ginty, M. Gorr, Sawall, M. Shene, H. Smith, J. Wilcox, C. Zayas. Document filed by Jonte Andrew Wunner. (Attachments: #1 Main Document) (sac)
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Case Designated ECF. (sac)
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