Kelsey v. Duwe et al
| Michael N. Kelsey |
| Jeffrey Rutledge, Darren Nesbitt and Lenore Duwe |
| 7:2021cv04298 |
| May 10, 2021 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 10, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 9
LETTER addressed to Judge Philip M. Halpern from Michael N. Kelsey dated 6/12/2021 re: I am the Plaintiff Pro Se in the above-captioned case. I am in receipt of your 1 June 2021 Order of Service wherein you dismissed Lenore Duwe as a Plaintiff in accord with 28 USC 1915 (c)(2)(b)(ii) (fails to state a claim upon which relief may be granted). The Court did so on the basis, inter alia, that the "Plaintiff identifies Duwe as a private party who does not work for any state or other government body, and he does not allege facts sufficient to suggest that she was a willful participant in joint activity with the State or its agents"...granting the Plaintiff a certificate of appealability with the IFP status to appeal the Court's dismissal of Duwe as a party to this action; and such other further relief as this court deems just and proper. Document filed by Michael N. Kelsey. (ok)
|
|
Filing 8
INFORMATION PACKAGE MAILED to Michael N. Kelsey, 16-A-4286, at Hudson Correctional Facility, 50 East Court Street, Hudson, NY 12534, on 6/2/2021 Re: #6 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)
|
|
Filing 7
SUMMONS ISSUED as to Darren Nesbitt, Jeffrey Rutledge. (sha)
|
|
FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 6/2/2021 Re: Judge Philip M. Halpern #6 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) Darren Nesbitt, Jeffrey Rutledge. (sha)
|
|
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 Lenore Duwe. See 28 U.S.C. 1915(e)(2)(B)(ii). The Clerk of Court is further instructed to issue summonses, complete the USM-285 forms with the addresses for Rutledge and Nesbitt, and deliver all documents necessary to effect service 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)., Lenore Duwe (individually and in his official capacity) terminated. (Signed by Judge Philip M. Halpern on 6/1/2021) (nb) Transmission to Pro Se Assistants for processing.
|
|
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. (vba)
|
|
NOTICE OF CASE REASSIGNMENT to Judge Philip M. Halpern. Judge Unassigned is no longer assigned to the case. (vba)
|
|
Mailed a copy of #4 Order Granting IFP Application in Prisoner Case to the Superintendent of Hudson Correctional Facility at 50 East Court Street, Hudson, NY 12534. (kh)
|
|
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 Laura Taylor Swain on 5/27/2021) (sac) Transmission to Docket Assistant Clerk for processing.
|
|
Filing 3
PRISONER AUTHORIZATION. Document filed by Michael N. Kelsey..(rdz)
|
|
Filing 2
COMPLAINT against Lenore Duwe, Darren Nesbitt, Jeffrey Rutledge. Document filed by Michael N. Kelsey..(rdz)
|
|
Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Michael N. Kelsey..(rdz)
|
|
Case Designated ECF. (rdz)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
