Dubarry et al v. Capra et al
Plaintiff: Darius Dubarry, Harry Rivera and Jayquan Griffin
Defendant: Stephen Brandow, Leslie Malin, Jpay Inc., Michael Capra, Anthony Annucci, Jeff McKoy, John Doe Reviewing Officer #1, John Doe Reviewing Officer #2, John Doe Reviewing Officer #3, John Doe Central Review Committee Members Department of Corrections and Community Supervision and Department of Corrections and Community Supervision
Case Number: 7:2021cv05487
Filed: June 22, 2021
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Kenneth M Karas
Referring Judge: Laura Taylor Swain
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 20, 2021 Opinion or Order Filing 16 PRISONER AUTHORIZATION. Document filed by Jayquan Griffin.(sc)
August 16, 2021 Opinion or Order Filing 15 INFORMATION PACKAGE MAILED to Darius Dubarry, 09-A-3856, at Fac. Sing Sing Corr., 354 Hunter St., Ossining, NY 10562, on 8/16/2021 Re: #13 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)
August 16, 2021 Opinion or Order Filing 14 SUMMONS ISSUED as to Anthony Annucci, Stephen Brandow, Michael Capra, JPay, Inc., Leslie Malin, Jeff McCoy. (sha)
August 16, 2021 Opinion or Order INFORMATION PACKAGE MAILED to Harry Rivera, 84-A-0068, at Fac. Sing Sing Corr. Fac., 354 Hunter St., Ossining, NY 10562, on 8/16/2021 Re: #13 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)
August 16, 2021 Opinion or Order FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 8/16/2021 Re: Judge Kenneth M. Karas #13 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) Anthony Annucci, Stephen Brandow, Michael Capra, JPay, Inc., Leslie Malin, Jeff McCoy. (sha)
August 13, 2021 Opinion or Order Filing 13 ORDER OF SERVICE: The Court dismisses, based on Eleventh Amendment immunity, Plaintiffs' claims against the New York State Department of Corrections and Community Supervision and their official capacity claims for damages against the individual defendants. 28 U.S.C. 1915(e)(2)(B) (iii). The Clerk of Court is respectfully directed to complete the USM-285 forms with the addresses for Defendants Anthony Annucci, Jeff McCoy, Michael Capra, Leslie Malin, Stephen Brandow, and JPay, Inc., and to deliver to the U.S. Marshals Service all documents necessary to effect service. If Plaintiffs wish to pursue their claims against the John Doe defendants, they must supply further information to Court within 30 days to assist the New York State Attorney General in identifying these defendants. Such information must be mailed to the Pro Se Intake Unit and bear the docket number 21-CV-5487 (KMK). The Clerk of Court is further instructed to mail each Plaintiff a copy of this order, together with an information package. 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). SO ORDERED. (Signed by Judge Kenneth M. Karas on 8/13/21) (yv) Transmission to Pro Se Assistants for processing.
August 12, 2021 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Laura Taylor Swain is no longer assigned to the case..(wb)
August 12, 2021 Opinion or Order 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)
August 5, 2021 Opinion or Order Mailed a copy of #11 Order of Dismissal, to Darius Dubarry, 09-A-3856 Fac. Sing Sing Corr. 354 Hunter St. Ossining, NY 10562; Harry Rivera, 84-A-0068, Fac. Sing Sing Corr. Fac., 354 Hunter St., Ossining, NY 10562; Jayquan Griffin, 16-A-3010, Fac. Sing Sing Corr. Fac., 354 Hunter St., Ossining, NY 10562. (dsh)
August 4, 2021 Opinion or Order Filing 11 ORDER OF DISMISSAL: By order dated June 23, 2021, the Court directed Plaintiff Jayquan Griffin, within thirty days, to submit an amended prisoner authorization or pay the $402.00 in fees required to file a civil action in this Court. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff Griffin has not filed an amended prisoner authorization or paid the fees. Accordingly, Plaintiff Jayquan Griffin is dismissed from this action, without prejudice to his refiling his claims. See 28 U.S.C. 1914, 1915. 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). The Clerk of Court is directed to mail a copy of this order to Plaintiffs and note service on the docket. (Signed by Judge Laura Taylor Swain on 8/4/21) (rdz) Transmission to Docket Assistant Clerk for processing.
July 19, 2021 Opinion or Order Mailed a copy of #9 Order Granting IFP Application in Prisoner Case, to Darius Dubarry, 09-A-3856 Fac. Sing Sing Corr. 354 Hunter St. Ossining, NY 10562; Harry Rivera, 84-A-0068, Fac. Sing Sing Corr. Fac., 354 Hunter St., Ossining, NY 10562; Jayquan Griffin, 16-A-3010, Fac. Sing Sing Corr. Fac., 354 Hunter St., Ossining, NY 10562. (dsh)
July 19, 2021 Opinion or Order Mailed a copy of #9 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Sing Sing Correctional Facility, 354 Hunter Street, Ossining, NY 10562-5442. (dsh)
July 15, 2021 Opinion or Order Filing 10 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 Darius Dubarry. 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 Dubarry 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 Dubarry's obligation to promptly submit a written notification to the Court if his address changes, and the Court may dismiss him from the action if he fails to do so. (Signed by Judge Laura Taylor Swain on 7/15/2021) (vn) Transmission to Docket Assistant Clerk for processing.
July 15, 2021 Opinion or Order Filing 9 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 Harry Rivera. 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 Rivera 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 Rivera's obligation to promptly submit a written notification to the Court if his address changes, and the Court may dismiss him from the action if he fails to do so. (Signed by Judge Laura Taylor Swain on 7/15/2021) (vn) Transmission to Docket Assistant Clerk for processing. Modified on 7/19/2021 (vn). (Main Document 9 replaced on 8/13/2021) (vn).
July 8, 2021 Opinion or Order Filing 8 PRISONER AUTHORIZATION. Document filed by Harry Rivera.(sc)
July 8, 2021 Opinion or Order Filing 7 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Harry Rivera.(sc)
July 1, 2021 Opinion or Order Filing 6 PRISONER AUTHORIZATION. Document filed by Darius Dubarry.(sc)
July 1, 2021 Opinion or Order Filing 5 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Darius Dubarry.(sc)
June 23, 2021 Opinion or Order Filing 4 ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiffs are directed to render payment of the filing fee or to each 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 7/23/2021. In Forma Pauperis (IFP) Application due by 7/23/2021. Prisoner Authorization Form due by 7/23/2021. (Signed by Judge Laura Taylor Swain on 6/23/2021) (Attachments: #1 IFP application, #2 prisoner authorization) (keb) Transmission to Docket Assistant Clerk for processing.
June 23, 2021 Opinion or Order NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(bcu)
June 23, 2021 Opinion or Order Mailed a copy of #4 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to Darius Dubarry 09-A-3856 Fac. Sing Sing Corr. 354 Hunter St. Ossining, NY 10562; Harry Rivera, 84-A-0068, Fac. Sing Sing Corr. Fac., 354 Hunter St., Ossining, NY 10562; Jayquan Griffin, 16-A-3010, Fac. Sing Sing Corr. Fac., 354 Hunter St., Ossining, NY 10562. (Attachments: # 1 IFP application, # 2 prisoner authorization) (dsh)
June 22, 2021 Opinion or Order Filing 3 PRISONER AUTHORIZATION. Document filed by Jayquan Griffin..(rdz)
June 22, 2021 Opinion or Order Filing 2 COMPLAINT against Anthony Annucci, Stephen Brandow, Michael Capra, Jpay Inc., Leslie Malin, Jeff McKoy. Document filed by Darius Dubarry, Jayquan Griffin, Harry Rivera.(rdz)
June 22, 2021 Opinion or Order Filing 1 DECLARATION in Support for Leave to Proceed Forma Pauperis and Appointment of Counsel. Document filed by Jayquan Griffin. (rdz)
June 22, 2021 Opinion or Order Case Designated ECF. (rdz)

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Defendant: Stephen Brandow
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Defendant: Leslie Malin
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Defendant: Jpay Inc.
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Defendant: Michael Capra
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Defendant: Anthony Annucci
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Defendant: Jeff McKoy
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Defendant: John Doe Reviewing Officer #1
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Defendant: John Doe Reviewing Officer #2
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Defendant: John Doe Reviewing Officer #3
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Defendant: John Doe Central Review Committee Members Department of Corrections and Community Supervision
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Defendant: Department of Corrections and Community Supervision
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Plaintiff: Darius Dubarry
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Plaintiff: Harry Rivera
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Plaintiff: Jayquan Griffin
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