Dubose v. Jiminez et al
| Tyrek Dubose |
| CO Jiminez, CO Harkins, CO Tracey, John Doe 1, Del Bianco, CO Ortiz, CO Serringer, CO Prince, C.O. Albert, CO Lopez, Sgt. Nienstedt, Sgt. Figuerora, CO Walden, Nurse Pitt, CO Drexler, CO Bianchi, John Doe 2, CO Kitson, Sgt. Santos, Sgt. Down-er, CO Buckham, Sgt. Campbell, Nurse Administrator Osselman, Nurse Administrator Furco, Nurse Administrator Mayes, CO Morales, Superintendent Burnett, Anthony Rodriguez, Donald Venettozzi, Deputy Superintenden Wood, ORC Losi, C.O. Downer, Mayes, Sgt. Carbone, C.O. Lavalle, C.O. Piguet and C.O. Nelson |
| 7:2022cv02124 |
| March 14, 2022 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on May 23, 2024. A more recent docket listing may be available from PACER.
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Filing 11
INFORMATION PACKAGE MAILED to Tyrek Dubose 13-A-1742 Fishkill Correctional Facility P.O. Box 1245 Beacon, NY 12508, at, on 4/6/2022 Re: #9 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, Order granting IFP application, 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. (aan)
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Filing 10
SUMMONS ISSUED as to Albert, Bianchi, Buckham, Burnett, Campbell, Carbone, Del Bianco, Downer, Drexler, Figuerora, Furco, Harkins, Jiminez, Kitson, Lavalle, Lopez, Losi, Mayes, Morales, Nelson, Nienstedt, Ortiz, Osselman, Piguet, Pitt, Prince, Anthony Rodriguez, Santos, Serringer, Tracey, Donald Venettozzi, Walden, Wood. (aan)
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 4/6/2022 Re: Judge Vincent L. Briccetti #9 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) Albert, Bianchi, Buckham, Burnett, Campbell, Carbone, Del Bianco, Downer, Drexler, Figuerora, Furco, Harkins, Jiminez, Kitson, Lavalle, Lopez, Losi, Mayes, Morales, Nelson, Nienstedt, Ortiz, Osselman, Piguet, Pitt, Prince, Anthony Rodriguez, Santos, Serringer, Tracey, Donald Venettozzi, Walden, Wood. (aan)
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Filing 9
ORDER OF SERVICE: The Clerk of Court is further instructed to complete the USM-285 forms and deliver to the U.S. Marshals Service all documents necessary to effect service on the following Defendants: Correction Officers Jiminez, Harkins; Tracey, Del Bianco, Ortiz, Serringer, Prince, Albeit, Lopez, Walden, Drexler, Bianchi, Kitson, Downer, Buckham, Lavalle, Piguet, Morales, and Nelson; Sergeants Figuerora; Santos; Campbell, Carbone, and Nienstedt; Offender Rehabilitation Coordinator Losi; Nurse Pitt, and Nurse Administrators Osselman and Furco; Commissioner's Hearing Officer Mayes; Fishkill Superintendent Burnett and Deputy Superintendent Wood; Donald Venettozzi; and Anthony Rodrigues. Local Civil Rule 33.2 applies to this action. 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 pauper is 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 Vincent L. Briccetti on 4/4/2022) (mml) Transmission to Pro Se Assistants for processing. Modified on 4/5/2022 (mml).
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Case Designated Local Rule 33.2. (keb)
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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. (laq)
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NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Laura Taylor Swain is no longer assigned to the case. (laq)
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Mailed a copy of #7 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Fishkill Correctional Facility at 18 Strack Drive, Beacon, NY 12508-0307. (dsh)
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Filing 7
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 Laura Taylor Swain on 3/30/2022) (vn) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #7 Order Granting IFP Application in Prisoner Case, to Tyrek Dubose, 13-A-1742, Fishkill Correctional Facility, P.O. Box 1245, Beacon, NY 12508. (dsh)
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Filing 6
LETTER from T. Dubose, dated 3/21/22 re: This correspondence is in response to the Order Directing Payment of Fee or IFP Application. Plaintiff, with respect to the defendants, asserts that he is under persistent and intense pressure to deter me from my goal of achieving satisfactory judicial relief etc. Document filed by Tyrek Dubose.(sc)
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Filing 5
PRISONER AUTHORIZATION. Document filed by Tyrek Dubose.(sc)
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Filing 4
APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Tyrek Dubose.(sc)
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Filing 3
LETTER from T. Dubose, re: This is in regard to there being a major infringement upon my protected right to seek judicial relief without deterence. As of 3/11/22 I was placed in the Special Housing Unit in accordance with Title 17 N.Y.R.R., Section 302.2(xv) within 72 hours of admission etc. Adjacent to the aforementioned dilemma, there is a persistent effort to minimize if not terminate pro se litigants' ability to defend themselves in Court. Document filed by Tyrek Dubose.(sc) Modified on 3/24/2022 (sc).
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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 4/15/2022. In Forma Pauperis (IFP) Application due by 4/15/2022. Prisoner Authorization Form due by 4/15/2022. (Signed by Judge Laura Taylor Swain on 3/16/2022) (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 Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(bcu)
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Mailed a copy of #2 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to Tyrek Dubose, 13-A-1742, Fishkill Correctional Facility, P.O. Box 1245, Beacon, NY 12508. (dsh)
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Filing 1
COMPLAINT against Albert, Bianchi, Buckham, Burnett, Campbell, Del Bianco, Down-er, Drexler, Figuerora, Furco, Harkins, Jiminez, John Doe 1, John Doe 2, Kitson, Lopez, Lopez, Losi, Mayes, Morales, Nienstedt, Ortiz, Osselman, Pitt, Prince, Anthony Rodriguez, Santos, Serringer, Tracey, Donald Venettozzi, Walden, Wood. Document filed by Tyrek Dubose..(rdz)
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Case Designated ECF. (rdz)
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