Brock v. CVS Corporation et al
| Terrell K. Brock |
| CVS Corporation, Manager Leo, City of White Plains, White Plains Dept. of Public Safety, White Plains Department of Public Safety John or Jane Doe police officers and John Doe |
| 7:2022cv04014 |
| May 16, 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 |
| Plaintiff |
Docket Report
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Filing 16
ORDER: Plaintiff, who is incarcerated and proceeding pro se and in forma pauperis, commenced this action on May 16, 2022. (Doc. #2). On July 5, 2022, the Court received a letter from plaintiff stating he has learned the full names of defendants Manager Leo and John Doe White Plains Police Department officer, as well as the correct address of defendant CVS Corporation. (Doc. #15). By August 6, 2022, plaintiff shall file a second amended complaint listing the full names and correct address for all defendants. A second amended complaint form is attached to this Order. Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Amended Pleadings due by 8/6/2022.) (Signed by Judge Vincent L. Briccetti on 7/6/2022) Copies Mailed By Chambers. (mml) Modified on 7/6/2022 (mml).
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| Filing 15 LETTER from T. Brock, dated 6/27/22 re: I would like to advise the Court that I have the arresting officers' names from the 4/13 arrest complaint. His name is Officer Jose Luis Formoso(ID#1743). The manager's real name is Loeonardo Coronado etc. Document filed by Terrell K. Brock.(sc) |
| Filing 14 LETTER from T. Brock re: I received documentation on 6/13/22 stating that the City of White Plains has yet to respond to Court orders to identify arresting officers. According to my Rap Sheet, NYSID#0906273H, the arresting officer for 4/3/20, ID# is 2036 etc. Document filed by Terrell K. Brock.(sc) Modified on 6/21/2022 (sc). |
| MAILING RECEIPT: Document No: 12-13. Mailed to: Terrell K. Brock DIN:21A1645 3531 Gaines Basin Road Albion, NY 14411. (dsh) |
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Filing 13
ORDER denying without prejudice to renewal #10 Application for the Court to Request Counsel. Plaintiff, who is incarcerated and proceeding pro se and in forma pauperis, moves for appointment of counsel. (Doc. #10). The motion is DENIED WITHOUT PREJUDICE to renewal. The Court has considered the type and complexity of this case, the merits of plaintiff's claims, and plaintiff's ability to present the case. The Court, in its discretion, does not find exceptional circumstances in plaintiff's case warranting the appointment of counsel at this time. See 28 U.S.C. 1915(e)(1); Cooper v. A. Sargenti Co., 877 F.2d 170, 172 (2d Cir. 1989). Accordingly, plaintiff's request is DENIED WITHOUT PREJUDICE for renewal at an appropriate time in the future. 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). 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 6/8/2022) (mml)
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Filing 12
ORDER: Plaintiff, who is incarcerated and proceeding pro se and in forma pauperis, commenced this action on May 16, 2022. (Doc. #2). The Court issued an Order of Service on May 20, 2022, directing the City of White Plains Law Department to identify the police officers who arrested plaintiff on April 3, 2020, and April 13, 2020. (Doc. #6). The Court further directed plaintiff to file an amended complaint within thirty days of receiving the names of these officers. (Id.). No defendant has appeared in the case, and the City of White Plains Law Department has not yet responded to the Court's order to identify the arresting officers. The Court received an amended complaint from plaintiff on June 7, 2022. (Doc. #9). After defendants appear in the case, and within thirty days of receiving the names of the arresting officers from the City of White Plains Law Department, plaintiff shall file a second amended complaint listing the names of the arresting officers. No action is required by plaintiff at this time. 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 6/8/2022) (mml)
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| Filing 11 NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE. Document filed by Terrell K. Brock. (sac) |
| Filing 10 APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Terrell K. Brock. (sac) |
| Filing 9 AMENDED COMPLAINT amending #2 Complaint against CVS Corporation, City of White Plains, John Doe, Leo with JURY DEMAND. Document filed by Terrell K. Brock. Related document: #2 Complaint. (sac) |
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Filing 8
INFORMATION PACKAGE MAILED to Terrell K. Brock DIN: 21A1645 Orleans Correctional Facility 3531 Gaines Basin Road Albion, NY 14411, at, on 5/23/2022 Re: #6 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 7 SUMMONS ISSUED as to CVS Corporation, City of White Plains, Leo. (aan) |
| Mailed a copy of #2 Complaint, #6 Order of Service, to The City of White Plains Law Department at: 255 Main Street, White Plains, New York, 10601. (aan) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 5/23/2022 Re: Judge Vincent L. Briccetti #6 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) CVS Corporation, City of White Plains, Leo. (aan) |
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Filing 6
ORDER OF SERVICE: The White Plains Department of Public Safety is dismissed from the action. 28 U.S.C. 1915(e)(2)(B)(ii.) The Clerk of Court is directed to: (1) add to the caption "White Plains Department of Public Safety John or Jane Doe police officers"; (2) issue summonses for CVS Corporation, CVS Manager Leo, and the City of White Plains, complete the USM-285 forms with the addresses for these defendants, and deliver all documents necessary to effect service to the U.S. Marshals Service; (3) mail a copy of this order and the complaint to the City of White Plains Law Department at: 255 Main Street, White Plains, New York, 10601; and (4) mail an information package to Plaintiff. An amended complaint form is attached to this order. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order wouldnot 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). SO ORDERED. White Plains Department of Public Safety John or Jane Doe police officers added. White Plains Dept. of Public Safety terminated. (Signed by Judge Vincent L. Briccetti on 5/20/2022) (mml) Transmission to Pro Se Assistants for processing.
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| MAILING RECEIPT: Document No: 4. Mailed to: Terrell K. Brock DIN:21A1645 3531 Gaines Basin Road Albion, NY 14411. (kh) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (laq) |
| Mailed a copy of #4 Order Granting IFP Application in Prisoner Case to the Superintendent of Orleans Correctional Facility at 3531 Gaines Basin Road, Albion, NY 14411. (kh) |
| 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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Filing 4
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. 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 5/17/2022) (vn)
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Terrell K. Brock. (sac) |
| Filing 2 COMPLAINT against CVS Corporation, City of White Plains, Leo, White Plains Dept. of Public Safety. Document filed by Terrell K. Brock. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Terrell K. Brock. (sac) |
| Case Designated ECF. (sac) |
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