Pitt v. County of Rockland et al
| Malcolm Pitt |
| Rockland County Jail, Sargeant Oblenis, Sargeant Lowe, Correction Officer Karney, Correction Officer G. Vandunk, Officer F. Gueroa, Officer Dawson, Officer Figueroa and County of Rockland |
| 7:2022cv08356 |
| September 29, 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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This docket was last retrieved on March 11, 2024. A more recent docket listing may be available from PACER.
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Filing 15
ORDER: Accordingly, IT IS HEREBY ORDERED: 1. By December 14, 2022, plaintiff shall file a first amended complaint. Plaintiff shall use the first amended complaint form attached to this Order. The first amended complaint will completely replace, not merely supplement, the existing complaint. Therefore, plaintiff must include in the first amended complaint all information necessary for his claims. 2. Once plaintiff has filed a first amended complaint, the Court will screen the first amended complaint and, if necessary, issue an order directing the Clerk to issue summonses, complete the USM-285 forms with the addresses of the newly-named defendants, and deliver to the U.S. Marshals Service all documents necessary to effect service. 3. The named and previously-served defendants' time to answer, move, or otherwise respond to the originally-filed complaint is STAYED pending plaintiffs filing of the first amended complaint. 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). Chambers will mail a copy of this Order to plaintiff at the address listed on the docket. SO ORDERED. (Amended Pleadings due by 12/14/2022.) (Signed by Judge Vincent L. Briccetti on 11/14/2022) Copies Mailed By Chambers. (mml)
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Filing 14
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Oblenis, served on 11/8/2022, answer due 11/29/2022. Service was accepted by Sgt. Arok. Document filed by Malcolm Pitt. (sc)
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Filing 13
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Karney, served on 11/8/2022, answer due 11/29/2022. Service was accepted by Sgt. Arok. Document filed by Malcolm Pitt. (sc)
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Filing 12
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Lowe, served on 11/8/2022, answer due 11/29/2022. Service was accepted by Sgt. Arok. Document filed by Malcolm Pitt. (sc)
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Filing 11
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. G. Vandunk, served on 11/8/2022, answer due 11/29/2022. Service was accepted by Sgt. Arok. Document filed by Malcolm Pitt. (sc)
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Filing 10
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Figueroa, served on 11/8/2022, answer due 11/29/2022. Service was accepted by Sgt. Arok. Document filed by Malcolm Pitt. (sc)
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Filing 9
LETTER addressed to Judge Vincent L. Briccetti from M. Pitt, dated 11/2/22 re: "REQUEST TO AMEND THE COMPLAINT"- I left out some of the details and would like to add a defendant and remove a defendant etc. Document filed by Malcolm Pitt.(sc)
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Filing 8
INFORMATION PACKAGE MAILED to Malcolm Pitt, DIN: 09R2198, at Rockland County Jail, 53 New Hempstead Road, New City, NY 10956, on 10/25/2022 Re: #6 Order of Service, Add and Terminate Parties. 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)
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Filing 7
SUMMONS ISSUED as to County of Rockland, Correction Officer Dawson, Correction Officer Figueroa, Correction Officer Karney, Sergeant Lowe, Sergeant Oblenis, Correction Officer Vandunk. (sha)
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 10/25/2022 Re: Judge Vincent L. Briccetti #6 Order of Service, Add and Terminate Parties. 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) County of Rockland, Correction Officer Dawson, Correction Officer Figueroa, Correction Officer Karney, Sergeant Lowe, Sergeant Oblenis, Correction Officer Vandunk. (sha)
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Filing 6
ORDER OF SERVICE: The Court directs the Clerk of Court to amend the caption of this action to replace Defendant Rockland County Jail with the County of Rockland. See Fed. R. Civ. P. 21. The Clerk of Court is further instructed to issue summonses for Defendants County of Rockland, Sergeants Oblenis and Lowe, and Correction Officers Karney, Dawson, Vandunk, and Figueroa, 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. 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 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). The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. SO ORDERED. County of Rockland added. Rockland County Jail terminated. (Signed by Judge Vincent L. Briccetti on 10/19/2022) (mml) Transmission to Pro Se Assistants for processing.
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NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (aea)
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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. (aea)
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Case Designated Local Rule 33.2. (keb)
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MAILING RECEIPT: Document No: 4. Mailed to: Malcolm Pitt DIN:09R2198 53 New Hempstead Road New City, NY 10956. Also mailed a copy to the Superintendent of Rockland County Jail, 53 New Hempstead Road, New City, NY 10956. (kh)
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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 9/30/2022) (vn)
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Filing 3
PRISONER AUTHORIZATION. Document filed by Malcolm Pitt. (sac)
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Filing 2
COMPLAINT against Dawson, F. Gueroa, Karney, Lowe, Oblenis, Rockland County Jail, G. Vandunk. Document filed by Malcolm Pitt. (sac)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Malcolm Pitt. (sac)
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Case Designated ECF. (sac)
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