Tripathy v. McClowski et al
| Sanjay Tripathy |
| Robert McCloswki, Sharon Frost, George J. Sas, Edward Burnett, Nolan, Harris Reverend, Andrea N. Schneider, Stephen Brandow, Jeff McKoy, Anthony J. Annucci, DOCCS (Department of Corrections & Community Supervision, Andrew M. Cuomo, Robert McClowski, George J. Dash, P. Dolan and State of New York |
| New York State Attorney General |
| 7:2021cv06584 |
| August 3, 2021 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on March 23, 2023. A more recent docket listing may be available from PACER.
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Filing 58
ENDORSED LETTER addressed to Judge Cathy Seibel from Sanjay Tripathy dated 9/23/2021 re: Petitioner would like to plead with the Court for a default judgment under Federal Rules of Civil Procedure Rule 55 as Defendants have failed to respond. ENDORSEMENT: Application Denied. SO ORDERED. A default judgment cannot be entered in the absence of evidence of proper service. The Clerk shall send a copy of this endorsement to Plaintiff. (Signed by Judge Cathy Seibel on 9/30/2021) (mml) Transmission to Docket Assistant Clerk for processing.
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Filing 57
ENDORSED LETTER addressed to Shelley M. Mallozzifrom Sanjay Tripathy dated 9/24/2021 re: This is my 2nd request (urgent matter) to get the names of the below mentioned CORC members/designees/participants in this matter. ENDORSEMENT: Plaintiff is directed not to copy the Court on correspondence to third parties. The Clerk shall send a copy of this endorsement to Plaintiff. SO ORDERED. (Signed by Judge Cathy Seibel on 9/30/2021) (mml) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #58 Endorsed Letter to Sanjay Tripathy, 18-R-1673 at Fishkill Correctional Facility, 271 Matteawan Road, Box #1245, Beacon, NY 12508-1245. (kh)
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Mailed a copy of #57 Endorsed Letter to Sanjay Tripathy, 18-R-1673 at Fishkill Correctional Facility, 271 Matteawan Road, Box #1245, Beacon, NY 12508-1245. (kh)
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Filing 56
NOTICE OF APPEARANCE by Bahiya Lawrence on behalf of Anthony J. Annucci. (Attachments: #1 Affidavit Declaration of Service).(Lawrence, Bahiya)
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Filing 55
LETTER addressed to Judge Cathy Seibel from Sanjay Tripathy dated 9/24/2021 re: Petitioner would like to update the Court about his request per New York State's CPLR 312-a Personal Service by Mail, to sign and return back the acknowledgment that completes service in this matter...The defense counsel has up to 30 days to complete and send back the acknowledgements, after which petitioner will send copies to the Court, to complete the service/summons process. Document filed by Sanjay Tripathy. (ok)
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Mailed a copy of #54 Memo Endorsement, Set Deadlines to Sanjay Tripathy, 18-R-1673 at Fishkill Correctional Facility, 271 Matteawan Road, Box #1245, Beacon, NY 12508-1245. (kh)
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Filing 54
MEMO ENDORSEMENT on re: #53 Letter, filed by Robert McClowski, Sharon Frost, State of New York. ENDORSEMENT: Plaintiff shall advise if he wishes to file new motion papers in connection with his motion for a preliminary injunction, or if he wishes to rest on his previously filed papers. If the former, he shall file his papers by 10/13/21; Defendants' opposition will be due 11/3/21; and Plaintiff may reply by 11/17/21. If Plaintiff wishes to rest on his previously filed papers, Defendants shall oppose 21 days after Plaintiff's letter so stating is docketed, and Plaintiff may reply 14 days after Defendants file their opposition. The Clerk of Court is respectfully directed to send a copy of this endorsement to Plaintiff. So Ordered. (Responses due by 11/3/2021, Replies due by 11/17/2021.) (Signed by Judge Cathy Seibel on 9/22/2021) (js) Transmission to Docket Assistant Clerk for processing.
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Filing 53
LETTER addressed to Judge Cathy Seibel from Bahiya Lawrence, Assistant Attorney General dated September 22, 2021 re: Letter in response to Judge's Order Dkt. No. 51. Document filed by Sharon Frost, Robert McClowski, State of New York. (Attachments: #1 Affidavit Declaration of Service).(Lawrence, Bahiya)
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Filing 52
NOTICE OF APPEARANCE by Bahiya Lawrence on behalf of Sharon Frost, Robert McClowski, State of New York. (Attachments: #1 Affidavit Declaration of Service).(Lawrence, Bahiya)
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Filing 51
ORDER terminating #50 Letter Motion for Extension of Time. I have already instructed Plaintiff to properly serve Defendants, and hopefully he will do expeditiously. In the meantime, I direct counsel's attention to ECF No. 49. The Attorney General shall, no later than 9/22/21, propose a schedule for addressing the motion for a preliminary injunction. The Clerk of Court shall send a copy of this endorsement to Plaintiff. SO ORDERED. (Signed by Judge Cathy Seibel on 9/17/2021) (mml) Transmission to Docket Assistant Clerk for processing.
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Filing 50
FIRST LETTER MOTION for Extension of Time for plaintiff to respond properly addressed to Judge Cathy Seibel from Bahiya Lawrence, Assistant Attorney General dated September 17, 2021. Document filed by New York State Attorney General. Return Date set for 11/17/2021 at 05:00 PM. (Attachments: #1 Affidavit Declaration of Service).(Lawrence, Bahiya)
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Mailed a copy of #51 Order on Motion for Extension of Time to Sanjay Tripathy, 18-R-1673 at Fishkill Correctional Facility, 271 Matteawan Road, Box #1245, Beacon, NY 12508-1245. (kh)
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Filing 49
ORDER denying #46 Motion for Reconsideration: Plaintiff previously made clear that he is alleging that his religion prohibits him from consuming beef or coming into close contact with beef. He now explains that he is alleging that "close contact" includes consuming food prepared or served in the same facility where beef products are prepared or served. The remedy he seeks would appear to require either banning beef products for all prisoners or having meals specially prepared for Plaintiff in a separate facility. His First Amendment and RLUIPA claims both require that his religious rights be balanced against the needs of the facility, a balance I am not inclined or able to make without hearing from Defendants. I thus cannot tell yet whether Plaintiff is likely to succeed on the merits. Plaintiff should focus on getting Defendants properly served as soon as possible, and then he may renew his motion once the Attorney General appears, which the Attorney General shall do promptly once any state employee contacts the Attorney General for representation or when the Attorney General otherwise becomes aware that a state employee has been properly served. The Clerk of Court shall send a copy of this text order to Plaintiff. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) Transmission to Docket Assistant Clerk for processing.
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Filing 48
DECLARATION of Sanjay Tripathy in Support re: #46 MOTION for Reconsideration. Document filed by Sanjay Tripathy. (ok)
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Filing 47
MEMORANDUM OF LAW in Support re: #46 MOTION for Reconsideration. Document filed by Sanjay Tripathy. (ok)
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Filing 46
MOTION for Reconsideration. Document filed by Sanjay Tripathy. (ok)
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Mailed a copy of 49 Order on Motion for Reconsideration to Sanjay Tripathy, 18-R-1673 at Fishkill Correctional Facility, 271 Matteawan Road, Box #1245, Beacon, NY 12508-1245. (kh)
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Filing 45
MEMO ENDORSEMENT on re: #44 Letter, filed by Sanjay Tripathy. ENDORSEMENT: It appears that Plaintiff has attempted to serve an attorney who has not appeared or otherwise indicated that he represents the Defendants or is authorized to accept service on their behalf. If that is the case, Plaintiff should try again, and this time follow the letter of Rule 4(d). The Clerk shall send a copy of this endorsement to Plaintiff. SO ORDERED. (Signed by Judge Cathy Seibel on 9/15/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing 44
LETTER addressed to Judge Cathy Seibel from Sanjay Tripathy dated 9/14/2021 re: Petitioner would like to update the court about his request for a waiver of service/summons from Defendants under Federal Rules of Civil Procedure...Defense counsel has up to 30 days to complete and sen back the waivers, after which petitioner will send copies to the court to complete the service/summons process. Document filed by Sanjay Tripathy. (ok)
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Mailed a copy of #45 Memo Endorsement to Sanjay Tripathy, 18-R-1673 at Fishkill Correctional Facility, 271 Matteawan Road, Box #1245, Beacon, NY 12508-1245. (kh)
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Filing 43
SUMMONS ISSUED as to P. Dolan. (aan)
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Mailed a copy of 42 Order on Motion to Add Party(ies) to Sanjay Tripathy, 18-R-1673 at Fishkill Correctional Facility, 271 Matteawan Road, Box #1245, Beacon, NY 12508-1245. (kh)
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Mailed a copy of #43 Summons Issued, to Sanjay Tripathy 18-R-1673 Fishkill Correctional Facility 271 Matteawan Road Box #1245 Beacon, NY 12508-1245. (aan)
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Filing 42
ORDER denying without prejudice #41 Motion to Add: Rule 15, not Rule 20, governs amending a complaint. As to proposed Defendant P. Dolan, erroneously sued as "Nolan," the caption will be deemed amended to replace "Nolan" with "P. Dolan," and the Clerk of Court shall issue a summons to P. Dolan and send it to Plaintiff. As to the remaining proposed Defendants, I cannot tell from this submission if they are proper Defendants or if amendment would be futile. Once the current Defendants are properly served (which, as my last order explained, they are not if only the summons and complaint were mailed), and the Attorney General appears, we can have a conference in advance of which Plaintiff may renew his application to amend and provide a proposed Amended Complaint. The Clerk of Court shall send a copy of this text order to Plaintiff. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Seibel, Cathy) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing.
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Filing 41
MOTION TO ADD/MODIFY PARTIES/DEFENDANTS UNDER FRCP RULE 20(a)(2), re: to Add Party(ies) P. Dolan, Nancy Fernandez, Cathy Sheehan, John Morley, James Gorman, Shelley Mallozzi, Name Unknown Name Unknown, Name Unknown, Name Unknown, Name Unknown, Name Unknown. Document filed by Sanjay Tripathy.(sc)
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Filing 40
ORDER denying #37 Motion for Preliminary Injunction: Plaintiff has not explained why the availability of beef to other prisoners requires him to have close contact with beef, nor has he explained why the available vegetarian diet does not meet his religious needs. On a separate issue -- that of service -- Plaintiff is advised that service by mail with return receipt is not authorized under federal law. Fed. R. Civ. P. 4(e)(1) authorizes service in accordance with state law. New York, in turn, allows service of a summons and complaint by first class mail, postage prepaid, but the documents must be accompanied by two copies of a statement of service for the defendant to complete and deliver. N.Y. C.P.L.R. 312a(a). Under this method, [s]ervice is complete on the date the signed acknowledgement of receipt is mailed or delivered to the sender. Id. at 312-a(b). Certified mail is not an adequate method of service under either New York or federal law. See Obot v. Navient Solutions, Inc., 726 F. Appx 47, 48 (2d Cir. 2018) (Under New York law, Obot was required to send 'by first class mail, postage prepaid, a copy of the summons and complaint... together with two copies of a statement of service by mail and acknowledgement of receipt in the form set forth in subdivision (d) of this section, with a return envelope, postage prepaid, addressed to the sender.' N.Y. C.P.L.R. 312-a(a)."); Cassano v. Altshuler, 186 F. Supp.3d 318, 321 (S.D.N.Y. 2016); DiMarco Constructors, LLC v. Sinacola, Inc., 407 F.Supp.2d 442, 444 at n.1 (W.D.N.Y. 2006). Plaintiff may also request that defendants waive service under Rule 4(d) of the Federal Rules of Civil Procedure. The Clerk of Court is respectfully directed to send a copy of this text order to Plaintiff. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Seibel, Cathy) Transmission to Docket Assistant Clerk for processing.
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Filing 39
DECLARATION of Sanjay Tripathy in Support re: #37 MOTION for Preliminary Injunction. Document filed by Sanjay Tripathy. (ok)
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Filing 38
MEMORANDUM OF LAW in Support re: #37 MOTION for Preliminary Injunction. Document filed by Sanjay Tripathy. (ok)
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Filing 37
NOTICE OF MOTION FOR INJUCTION/TRO FRCP Rule 65. Document filed by Sanjay Tripathy. (ok)
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Filing 36
LETTER addressed to Judge Cathy Seibel from Sanjay Tripathy dated 9/1/2021 re: Petitioner would also like to bring to the Court's attention this important matter - potential of retaliation, harassment, intimidation, abuse, injury and loss of benefits by the Defendants/ DOCCS, and others instigated by the Defendants, due to his viable lawsuits...I would like to affirm and attest that all contents and facts described are true to the best of my knowledge under penalty of perjury. Document filed by Sanjay Tripathy. (ok)
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Mailed a copy of 40 Order on Motion for Preliminary Injunction to Sanjay Tripathy, 18-R-1673 at Fishkill Correctional Facility, 271 Matteawan Road, Box #1245, Beacon, NY 12508-1245. (kh)
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Filing 35
SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Anthony J. Annucci served on 8/27/2021, answer due 9/17/2021; Stephen Brandow, served on 8/27/2021, answer due 9/17/2021; Edward Burnett, served on 8/27/2021, answer due 9/17/2021; Andrew M. Cuomo, served on 8/27/2021, answer due 9/17/2021; George J. Dash served on 8/27/2021, answer due 9/17/2021; Sharon Frost, served on 8/27/2021, answer due 9/17/2021; Robert McClowski, served on 8/27/2021, answer due 9/17/2021; Jeff McKoy, served on 8/27/2021, answer due 9/17/2021; State of New York, served on 8/27/2021, answer due 9/17/2021. Service was made by Mail. Document filed by Sanjay Tripathy. (sc)
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Filing 34
ORDER re: #33 Letter filed by Sanjay Tripathy seeking permission to amend Complaint: Plaintiff may amend once as of right per Federal Rule of Civil Procedure 15 within 21 days after service. Any further amendment would have to be discussed at a pre-motion conference once Defendants have appeared. I note that Plaintiff has filed proofs of service indicating that he has served Defendants by mail. Fed. R. Civ. P. 4(e)(1) authorizes service in accordance with state law,and New York, in turn, allows service of a summons and complaint by first class mail, postage prepaid, but the documents must be accompanied by two copies of a statement of service for the defendant to complete and deliver. N.Y. C.P.L.R. 312a(a). Under this method, [s]ervice is complete on the date the signed acknowledgement of receipt is mailed or delivered to the sender. Id. at 312-a(b). If Plaintiff has not served in accordance with CPLR 312--a, he should re-serve. He can also request that defendants waive service under Rule 4(d) of the Federal Rules of Civil Procedure. The Clerk of Court is respectfully directed to send a copy of this text order to Plaintiff. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Seibel, Cathy) Transmission to Docket Assistant Clerk for processing.
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Filing 33
LETTER from Sanjay Tripathy dated 8/25/2021 re: Plaintiff via this letter would like to bring the following matters to the Court's attention and seeks permission from the Court to file an amended complaint in light of these recent developments...These unconstitutional acts by DOCCS/Defendants is irreparable and ongoing harm, and based on the above developments, Plaintiff has an excellent chance of prevailing in his complaint, thus pleads for relief from this Court. Document filed by Sanjay Tripathy. (ok)
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Mailed a copy of 34 Order to Sanjay Tripathy, 18-R-1673 at Fishkill Correctional Facility, 271 Matteawan Road, Box #1245, Beacon, NY 12508-1245. (kh)
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Filing 32
MEMO ENDORSEMENT on re: #30 Letter, filed by Sanjay Tripathy. ENDORSEMENT: Plaintiff's request for an Order is denied. Please refer to the Court's Order of 8/18/21 (Doc. 21): "Plaintiff should make a FOIL request to DOCCS for proper service information.... If Plaintiff cannot determine where certain Defendants may be served, the Court will inquire of the NY Attorney General once it appears on behalf of the other Defendants." The Clerk is respectfully directed to send a copy of this order to Plaintiff. SO ORDERED. (Signed by Judge Cathy Seibel on 8/26/2021) (mml) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #32 Memo Endorsement to Sanjay Tripathy, 18-R-1673 at Fishkill Correctional Facility, 271 Matteawan Road, Box #1245, Beacon, NY 12508-1245. (kh)
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Filing 31
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Edward Burnett, served on 8/20/2021, answer due 9/10/2021. Service was made by Mail Legal(Internal Fishkill C.F./DOCCS Mail Syst.)(Prison Mailbin Rules Apply). Document filed by Sanjay Tripathy. (sc)
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Filing 30
LETTER from Sanjay Tripathy dated 8/24/2021 re: Petitioner confirms via this letter that summons have been served (mailed) on the parties listed. Attached are copies of the details for the summons. All summons (with complaint) have been mailed using USPS...Plaintiff seeks an Order from the Court to direct DOCCS/Defendants to provide him with the address of the above 3 defendants so they can be served. Document filed by Sanjay Tripathy. (ok)
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Filing 29
SUMMONS RETURNED EXECUTED. Summons and Complaint, served. George J. Dash, served on 8/20/2021, answer due 9/10/2021. Service was made by Mail Legal(Internal Fishkill C.F./DOCCS Mail System)(Prison Mailbin Rules Apply). Document filed by Sanjay Tripathy. (sc)
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Filing 28
SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Robert McClowski, served on 8/20/2021, answer due 9/10/2021. Service was made by Mail Legal(Internal Fishkill C.F./DOCCS Mail Syst.)(Prison Mailbin Rules Apply). Document filed by Sanjay Tripathy. (sc)
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Filing 27
SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Jeff McKoy served on 8/20/2021, answer due 9/10/2021. Service was made by Mail USPS(Legal Mail/ Prison Mailbin Rules Apply - Return Rcpt.). Document filed by Sanjay Tripathy. (sc)
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Filing 26
SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Stephen Brandow, served on 8/20/2021, answer due 9/10/2021. Service was made by Mail USPS(Legal Mail; Prison Mailbin Rules apply; Return Receipt). Document filed by Sanjay Tripathy. (sc)
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Filing 25
SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Sharon Frost, served on 8/20/2021, answer due 9/10/2021. Service was made by Mail(Internal - Fishkill C.F./DOCCS Mail System)(Prison Mailbin Rules Apply). Document filed by Sharon Frost. (sc)
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Filing 24
SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Andrew M. Cuomo served on 8/20/2021, answer due 9/10/2021. Service was made by Mail(First Class, Return Receipt). Document filed by Sanjay Tripathy. (sc)
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Filing 23
SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Anthony J. Annucci served on 8/20/2021, answer due 9/10/2021. Service was made by Mail USPS(Prison Mailbin Rules Apply - Legal Mail - Return Rcpt). Document filed by Sanjay Tripathy. (sc) Modified on 8/26/2021 (sc).
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Filing 22
SUMMONS ISSUED as to State of New York. (aan)
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Mailed a copy of #22 Summons Issued to Sanjay Tripathy 18-R-1673 Fishkill Correctional Facility 271 Matteawan Road Box #1245 Beacon, NY 12508-1245. (aan)
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Mailed a copy of 20 Order on Motion for Reconsideration to Sanjay Tripathy, 18-R-1673 at Fishkill Correctional Facility, 271 Matteawan Road, Box #1245, Beacon, NY 12508-1245. (kh)
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Mailed a copy of 21 Order to Sanjay Tripathy, 18-R-1673 at Fishkill Correctional Facility, 271 Matteawan Road, Box #1245, Beacon, NY 12508-1245. (kh)
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Filing 21
ORDER re: #16 Letter, filed by Sanjay Tripathy: Plaintiff should make a FOIL request to DOCCS for proper service information. Plaintiff is not entitled to service by the Marshals so will have to accomplish service through a friend or relative, or by engaging a process serving company. If Plaintiff cannot determine where certain Defendants may be served, the Court will inquire of the NY Attorney General once it appears on behalf of the other Defendants. The Clerk shall send a copy of this text order to Plaintiff. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) (Seibel, Cathy) Transmission to Docket Assistant Clerk for processing.
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Filing 20
ORDER granting in part and denying in part #17 Motion for Reconsideration: The case may go forward against the State of New York (incorrectly sued as DOCCS) only for injunctive relief under RLUIPA. The Clerk of Court shall issue a summons to the State of New York, which Plaintiff must serve within 90 days. The Clerk shall send a copy of this text order to Plaintiff. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing.
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Filing 19
DECLARATION of Sanjay Tripathy in Support re: #17 MOTION for Reconsideration. Document filed by Sanjay Tripathy. (ok)
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Filing 18
MEMORANDUM OF LAW UNDER LOCAL RULE 6.3 OF CIVIL PROCEDURE FOR MOTION TO RECONSIDER re: #17 MOTION for Reconsideration. Document filed by Sanjay Tripathy. (ok)
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Filing 17
NOTICE OF MOTION TO RECONSIDER; Local Rule 6.3. Document filed by Sanjay Tripathy. (ok)
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Filing 16
LETTER addressed to Judge Cathy Seibel from Sanjay Tripathy dated 8/17/2021 re: Plaintiff would like to bring to the Court's attention and seek its guidance on the summons process...Plaintiff pleads with the Court for its reconsideration for use of the US Marshall's service for the summons. Document filed by Sanjay Tripathy. (ok)
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Filing 15
INFORMATION PACKAGE MAILED to Sanjay Tripathy 18-R-1673 Fishkill Correctional Facility 271 Matteawan Road Box #1245 Beacon, NY 12508-1245, at, on 8/11/2021 Re: #3 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, 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) - 11 copies of Summons(es) mailed. (aan)
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Filing 14
SUMMONS ISSUED as to Andrew M. Cuomo. (aan)
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Filing 13
SUMMONS ISSUED as to Anthony J. Annucci. (aan)
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Filing 12
SUMMONS ISSUED as to Jeff McKoy. (aan)
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Filing 11
SUMMONS ISSUED as to Stephen Brandow. (aan)
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Filing 10
SUMMONS ISSUED as to Andrea N. Schneider. (aan)
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Filing 9
SUMMONS ISSUED as to Harris Reverend. (aan)
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Filing 8
SUMMONS ISSUED as to Nolan. (aan)
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Filing 7
SUMMONS ISSUED as to Edward Burnett. (aan)
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Filing 6
SUMMONS ISSUED as to George J. Dash. (aan)
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Filing 5
SUMMONS ISSUED as to Sharon Frost. (aan)
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Filing 4
SUMMONS ISSUED as to Robert McClowski. (aan)
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Filing 3
ORDER OF SERVICE: The Court dismisses Plaintiff's claims against DOCCS. See 28 U.S.C. 1915(e)(2)(B)(iii). The Court denies Plaintiff's request for preliminary injunctive relief without prejudice to renewal without prejudice to renewal at a later stage. The Clerk of Court is directed to issue summonses as to Defendants Robert McClowski, Sharon Frost, George J. Dash, Edward Burnett, Nolan, Reverend Harris, Andrea N. Schneider, Stephen Brandow, Jeff McKoy, Anthony J. Annucci, and Andrew Cuomo. 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. (DOCCS (Department of Corrections & Community Supervision terminated.) (Signed by Judge Cathy Seibel on 8/9/2021) (rro) Transmission to Pro Se Assistants for processing.
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Mailed a notice of assignment/reassignment to Sanjay Tripathy 18-R-1673 Fishkill Correctional Facility 271 Matteawan Road Box #1245 Beacon, NY 12508-1245. (vba)
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NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Paul G. Gardephe is no longer assigned to the case. (vba)
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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. (vba)
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Filing 1
COMPLAINT against Anthony J. Annucci, Stephen Brandow, Edward Burnett, Andrew M. Cuomo, DOCCS (Department of Corrections & Community Supervision, Sharon Frost, Robert McCloswki, Jeff McKoy, Nolan, Harris Reverend, George J. Sas, Andrea N. Schneider. (Filing Fee $ 402.00, Receipt Number 465401283816)Document filed by Sanjay Tripathy.(rdz) (Additional attachment(s) added on 8/5/2021: #1 Receipt) (rdz).
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Case Designated ECF. (rdz)
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Magistrate Judge Robert W. Lehrburger 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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