Tripathy v. Feuz et al
| Sanjay Tripathy |
| J. Feid, New York State Board of Parole, John Wood, Feuz, Tina M. Stanford, Michele Harrington, New York State Board of Examiners for Sex Offenders, Edward Burnett, Andrew M. Cuomo, Luis Gonzalez, DOCCS and Jeff McKoy |
| 7:2021cv05349 |
| June 17, 2021 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Vincent L Briccetti |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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Filing 11
ORDER: The Court is in receipt of two letters from plaintiff, dated July 19 and July 20, 2021. The letters will be separately docketed. In the July 19 letter, plaintiff requests that the Court "issue an Order to protect him from Retaliation, Harassment, Intimidation, Abuse, Injury and loss of benefits by the Defendants, and others instigated by the Defendants, due to [plaintiff's] viable lawsuits." The request is DENIED. Having reviewed the conclusory and self-serving allegations in plaintiff's July 19 letter, the Court finds that plaintiff has failed to establish a basis for any of the relief requested therein. In the July 20 letter, plaintiff again requests that that he be allowed to rely on the U.S. Marshals Service to effect service on defendants, a request the Court has previously denied. As the Court explained, plaintiff is not proceeding in forma pauperis and is therefore not entitled to rely on the Court and the U.S. Marshals Service to effect service. It is plaintiff's responsibility to serve the summons and complaint on defendants within 90 days of the issuance of the summons. Nothing in plaintiff's letter provides a basis for reconsideration of the Court's previous order. Accordingly, plaintiff's request is again DENIED. In addition, plaintiff improperly addressed this mailing to Judge Briccetti's Chambers. Plaintiff is instructed to address all future correspondence to the Pro Se Intake Unit at the following address: United States District Court, Pro Se Intake Unit, 300 Quarropas St., White Plains, NY 10601. The Court may disregard any future submissions sent directly to Chambers. Plaintiff is reminded to notify the Court in writing if his address changes, and that the Court may dismiss the action if plaintiff fails to do so. 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 purposes of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 7/27/2021) Copies Mailed By Chambers. (mml)
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Filing 10
ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Sanjay Tripathy dated 7/19/2021 re: Request for Order of Protection. ENDORSEMENT: Docket this letter. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 7/26/2021) (mml)
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Filing 9
ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Sanjay Tripathy dated 7/20/2021 re: Humble Request for Marshalls Service for Summons (2nd Request). ENDORSEMENT: Docket this letter. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 7/26/2021) (mml) Modified on 7/27/2021 (mml).
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Filing 8
SUMMONS ISSUED as to Annucci. (sha)
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Filing 7
AMENDED ORDER OF SERVICE: Accordingly, it is HEREBY ORDERED: The Clerk of Court is directed to issue a summons as to defendant Annucci. Plaintiff is directed to serve the summons and complaint on defendant Annucci within 90 days of the issuance of the summonses. If within those 90 days, plaintiff has not either served defendant Annucci or requested an extension of time to do so, the Court may dismiss the claims against defendant Annucci under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute. The Clerk of Court is directed to issue a summons as to defendant Annucci. The Clerk of Court is further directed to mail a copy of this order to Plaintiff. 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)(holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 7/15/2021) (rj) Transmission to Pro Se Assistants for processing.
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Filing 6
ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Sanjay Tripathy dated 7/2/2021 re: Petitioner request the Court to allow him to use the Marshalls service for the summons. ENDORSEMENT: Plaintiff, who is currently incarcerated in Fishkill Correctional Facility, brings this prose action, for which the filing fee has been paid, alleging that defendants violated his federal constitutional rights. On June 30, 2021, the Court issued an Order of Service (i) denying plaintiffs request for preliminary injunctive relief; (ii) dismissing plaintiffs claims against DOCCS, the New York State Board of Examiners for Sex Offenders, and the New York State Parole Board; and (iii) directing the Clerk of Court to issue summonses as to defendants Feuz, Reid, Gonzalez, Wood, Burnett, McKay, Stanford, Harrington, and Cuomo. (Doc. #3). In the attached letter dated July 2, 2021, plaintiff notified the Court that defendant Annucci was not included in the order of service and requesting that the Court "add Defendant Annucci to its Order for the summons." Plaintiff also requests that he be allowed to rely on the Court and the U.S. Marshals Service to effect service. By separate order, the Court has granted plaintiffs request to add defendant Annucci and has directed the Clerk of Court to issue a summons as to defendant Annucci. Regarding plaintiffs request that he be allowed to rely on the Court and U.S. Marshals Service to effect service, 28 U.S.C. 1915(d) permits a plaintiff who has been granted permission to proceed IFP to rely on the Court and the U.S. Marshals Service to effect service. 28 U.S.C. 1915(d) ("The officers of the court shall issue and serve all process... in [IFP] cases."); see also Walker v. Schult, 717 F.3d. 119, 123 n.6 (2d Cir. 2013). Here, plaintiff has elected not to seek in forma pauperis status and has paid the full filing fee. Accordingly, plaintiffs request is DENIED. To be clear, it is plaintiffs obligation to arrange for service of process. 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 in forma pauperis 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). Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 7/15/2021) Copies Mailed By Chambers. (rj)
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Mailed a copy of #7 Order of Service, #8 Summons Issued to Sanjay Tripathy, 18-R-1673 at Fishkill Correctional Facility, 271 Matteawan Road, Box #1245, Beacon, NY 12508-1245. (sha)
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Filing 5
INFORMATION PACKAGE MAILED to Sanjay Tripathy, 18-R-1673, at Fishkill Correctional Facility, 271 Matteawan Road, Box #1245, Beacon, NY 12508-1245, on 7/1/2021 Re: #3 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, one or more summonses (only if you have paid the fee in person or if the judge has ordered that a summons be issued to you) - 9 copies of Summons(es) mailed. (sha)
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Filing 4
SUMMONS ISSUED as to Edward Burnett, Andrew M. Cuomo, Reid, Feuz, Luis Gonzalez, Michele Harrington, Jeff McKoy, Tina M. Stanford, John Wood. (sha)
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Filing 3
ORDER OF SERVICE: The Court denied Plaintiff's request for preliminary injunctive relief without prejudice to renewal at a later stage. The Court dismissed Plaintiff's claims against DOCCS, the New York State Board of Examiners for Sex Offenders, and the New York State Parole Board. See 28 U.S.C. 1915A(b)(2). The Clerk of Court is directed to issue a summonses as to Defendants Feuz, Reid, Gonzalez, Wood, Burnett, McKoy, Stanford, Harrington, and Cuomo. The Clerk of Court is further directed to mail a copy of this order to Plaintiff, together with an information package. 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. 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. New York State Board of Parole, DOCCS and New York State Board of Examiners for Sex Offenders terminated. (Signed by Judge Vincent L. Briccetti on 6/30/2021) (vfr) Transmission to Pro Se Assistants for processing.
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NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Ronnie Abrams is no longer assigned to the case..(wb)
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Magistrate Judge Judith C. McCarthy is so redesignated. (wb)
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Mailed a copy of Notice of Case Assignment/Reassignment to Sanjay Tripathy at 18-R-1673 Fishkill Correctional Facility 271 Matteawan Road Box #1245 Beacon, NY 12508-1245..(wb)
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Filing 1
COMPLAINT against Edward Burnett, Andrew M. Cuomo, DOCCS, J. Feid, Feuz, Luis Gonzalez, Michele Harrington, Jeff McKoy, New York State Board of Examiners for Sex Offenders, New York State Board of Parole, Tina M. Stanford, John Wood. (Filing Fee $ 402.00, Receipt Number 465401281324)Document filed by Sanjay Tripathy. (Attachments: #1 Receipt).(rdz)
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Case Designated ECF. (rdz)
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Magistrate Judge Ona T. Wang 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. (rdz)
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