Kelsey v. Kessel et al
| Michael N. Kelsey |
| Brittney Kessel and John Garrito |
| 7:2022cv03774 |
| May 9, 2022 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Philip M Halpern |
| Prisoner: Civil Rights |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| None |
Docket Report
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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. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Philip M. Halpern. Judge Unassigned is no longer assigned to the case. (vba) |
| Filing 20 PRO SE MEMORANDUM, dated 5/5/22 re: CHANGE OF ADDRESS for Michael N. Kelsey. New Address: 243 Hibernia Rd., Salt Point, New York, 12578. (sc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (laq) |
| ***DELETED DOCUMENT. Deleted entry - NOTICE OF ASSIGNMENT. The document was incorrectly filed in this case. (laq) |
| Filing 19 CASE TRANSFERRED IN from the United States District Court - District of New York Northern; Case Number: 1:21-cv-00911. Original file certified copy of transfer order and docket entries received. |
| Case Designated ECF. (laq) |
Filing 18
ORDER TRANSFERRING CASE to Southern District of New York. Signed by Magistrate Judge Daniel J. Stewart on April 11, 2022. (Copy served via regular mail)(ztc, ) [Transferred from New York Northern on 5/9/2022.]
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| NOTICE: Pursuant to NYND Local Rule 3.7, this case will be electronically transferred to the Southern District of New York 14 days after the date of the Transfer Order. (ztc, ) [Transferred from New York Northern on 5/9/2022.] |
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Filing 17
Letter from Michael N. Kelsey dated March 29, 2022. (ztc, ) [Transferred from New York Northern on 5/9/2022.]
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Filing 16
TEXT ORDER: In light of the text order issued March 21, 2022 granting Plaintiff permission to file a second amended complaint, Dkt. No. 14, should Plaintiff choose to file a second amended complaint, he must do so on or before April 22, 2022. If Plaintiff fails to file an amended complaint by that date, this case will proceed with the first amended complaint, Dkt. No. #12 , as the operative pleading. SO ORDERED by Senior Judge Lawrence E. Kahn on 3/23/2022. (Copy served via regular mail)(dpk)[Transferred from New York Northern on 5/9/2022.]
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Filing 15
TEXT ORDER: The Court has received Plaintiff's request that the Court advise him as to whether he should submit a second amended complaint and requesting permission to do so. Dkt. No. #14 ("Request"). The Court does not advise parties as to decisions they should or should not make or issue advisory opinions at the request of a party regarding the sufficiency of pleadings. However, to the extent Plaintiff requests permission to file a second amended complaint, the Court GRANTS such request under Federal Rule of Civil Procedure 15(a)(2). SO ORDERED by Senior Judge Lawrence E. Kahn on 3/22/2022. (Copy served via regular mail)(dpk) [Transferred from New York Northern on 5/9/2022.]
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Filing 14
Letter Motion from Michael N. Kelsey, Pro Se requesting clarification from the Court as to whether or not the Amended Complaint is sufficient for filing submitted to Judge Lawrence E. Kahn. (pjh, ) [Transferred from New York Northern on 5/9/2022.]
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Filing 13
Letter from Michael N. Kelsey. (ztc, ) [Transferred from New York Northern on 5/9/2022.]
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TEXT NOTICE OF FILING DEFICIENCY regarding the #13 Letter NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Pro Se Party has submitted documents that are not in compliance with redaction requirements pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2. This document has been temporarily restricted. Pro Se Party is directed to make the appropriate redactions to the above referenced document and forward the redacted document to the Clerks office within 7 days of this notice. Failure to file a redacted document by the deadline will result in the unredacted document referenced above being unrestricted. Pro Se Party is cautioned that failure to redact these personal identifiers may subject them to the Courts full disciplinary power pursuant to NYND Local Rule 5.2. Please redact dates of birth on pages 2 and 3 in accordance with Local Rule 5.2. Notice of Filing Deficiency Deadline 3/23/2022 (ztc, ) [Transferred from New York Northern on 5/9/2022.]
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Filing 12
AMENDED COMPLAINT against Brittney Kessel and John Garrito. Filed by Michael N. Kelsey. (Attachments: #1 Cover Letter, #2 Envelope)(ztc, ) (Main Document 12 replaced on 11/30/2021) (ztc, ). [Transferred from New York Northern on 5/9/2022.]
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Filing 11
DECISION AND ORDERED, that the Report-Recommendation (Dkt. No. 9) is APPROVED and ADOPTED as modified by this opinion; and it is further ORDERED, that the Court DISMISS WITHOUT PREJUDICE and WITH LEAVE TO AMEND Plaintiffs Complaint (Dkt. No. 1); and it is further ORDERED, that in the event Plaintiff fails to file an amended complaint within thirty (30) days of the filing date of this Order, the Clerk shall enter judgment dismissing this action due to Plaintiffs failure to comply with the terms of this Order, without further order of the Court. Signed by Senior Judge Lawrence E. Kahn on November 12, 2021. (Copy served via regular mail)(sas) [Transferred from New York Northern on 5/9/2022.]
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Filing 10
OBJECTION to #9 Report and Recommendations filed by Michael N. Kelsey. (ztc, ) [Transferred from New York Northern on 5/9/2022.]
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Filing 9
REPORT AND RECOMMENDATIONS and ORDER re #1 Complaint, filed by Michael N. Kelsey. RECOMMENDED, that Plaintiff's Complaint be DISMISSED; and it is ORDERED, that the Clerk of the Court serve a copy of this Report-Recommendation and Order upon the parties to this action. Pursuant to 28 U.S.C. 636(b)(1), the parties have fourteen (14)days within which to file written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN (14) DAYS WILL PRECLUDE APPELLATE REVIEW.( Objections to R&R due by 11/4/2021, Case Review Deadline 11/8/2021). Signed by Magistrate Judge Daniel J. Stewart on October 21, 2021. (Copy served via regular mail)(ztc, ) [Transferred from New York Northern on 5/9/2022.]
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Filing 8
ORDER granting #5 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Daniel J. Stewart on October 21, 2021. (Copy served via regular mail)(ztc, ) [Transferred from New York Northern on 5/9/2022.]
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Filing 7
TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, and plaintiff was directed to respond to the Order if he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by Senior Judge Lawrence E. Kahn on August 26, 2021. (Copy served via regular mail)(ztc, ) [Transferred from New York Northern on 5/9/2022.]
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Filing 6
INMATE AUTHORIZATION FORM by Michael N. Kelsey. (ztc, ) [Transferred from New York Northern on 5/9/2022.]
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Filing 5
MOTION for Leave to Proceed in forma pauperis filed by Michael N. Kelsey. Motions referred to Daniel J. Stewart. (Attachments: #1 Account Statement) (ztc, ) [Transferred from New York Northern on 5/9/2022.]
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Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. It is hereby ORDERED that plaintiff's IFP Application is DENIED as incomplete; and it is further ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further ORDERED that if plaintiff desires to pursue this action, he must so notify the Court WITHIN THIRTY (30) DAYS of the filing date of this Order and either (1) pay the full $402.00 filing fee for civil actions or (2) submit a signed Inmate Authorization Form consenting to payment of $350.00 over time; and it is further ORDERED that upon plaintiff's compliance herewith, the Clerk shall reopen this action and forward it to the Court for review; and it is further ORDERED that the Clerk serve a copy of this Order on plaintiff along with a blank Inmate Authorization Form. Signed by Senior Judge Lawrence E. Kahn on August 13, 2021. (Copy served via regular mail on plaintiff along with a blank Inmate Authorization Form).(rep) [Transferred from New York Northern on 5/9/2022.]
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Filing 3
INMATE AUTHORIZATION FORM: Filed by Michael N. Kelsey. (rep) [Transferred from New York Northern on 5/9/2022.]
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Filing 2
MOTION: For Leave to Proceed in forma pauperis, filed by Michael N. Kelsey (Attachments: #1 Prisoner Account Statement) Motions referred to Daniel J. Stewart. (rep) [Transferred from New York Northern on 5/9/2022.]
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Filing 1
COMPLAINT/PETITION: Against John Doe Garrito, Brittney Kessel. Filed by Michael N. Kelsey. (Attachments: #1 Exhibits, #2 Supporting Affidavit, #3 Mailing Envelope)(rep) (Additional attachment(s) added on 8/13/2021: #4 Cover Letter) (rep, ). Modified on 8/13/2021 (rep, ). [Transferred from New York Northern on 5/9/2022.]
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