Stewart v. Medina
| Gary Stewart and Gary A. Stewart |
| G. Medina |
| 7:2023cv00880 |
| February 2, 2023 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 6, 2023. A more recent docket listing may be available from PACER.
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Received returned mail re: #13 Order Granting IFP Application in Prisoner Case. Mail was addressed to Warden/Superintendent, U.S.P. Allenwood, Box 3000, White Deer, PA 17887 and was returned for the following reason(s): Not currently housed at Allenwood Federal Correction Complex. (vn)
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Filing 19
ORDER: On November 28, 2022, plaintiff initiated this pro se Section 1983 action in the United States District Court for the Northern District of New York ("Northern District") and sought leave to proceed in forma pauperis ("IFP"), that is, without prepayment of fees. (Docs. #1, 2). Because plaintiff's IFP application was incomplete, the Northern District ordered the Clerk of Court to administratively close the case, but to reopen it if plaintiff later paid the filing fee in full or submitted a complete IFP application. (Doc. #4). On January 13, 2023, the Clerk received plaintiff's new IFP application (Doc. #9) and reopened the case. (Doc. #10). On January 23, 2023, a magistrate judge in the Northern District ordered that the case be transferred to the United States District Court for the Southern District of New York ("Southern District") because the alleged constitutional violations occurred at Sing Sing Correctional Facility, which is located within the Southern District. (Doc. #11 at 3). The judge directed the Clerk of the Northern District to facilitate the transmission to the Southern District of all documents filed in the action. (Id.). The judge made no ruling as to the sufficiency of plaintiff's new IFP application, leaving that determination to the Southern District. (Id.). On February 6, 2023, the Chief United States District Judge of the Southern District granted plaintiff's January 2023 IFP application. (Doc. #13). On February 16, 2023, the Court received from plaintiff a letter dated February 12, 2023, asking whether he still needs an "I.S.P. form" in light of the enclosed information, i.e., copies of his January 2023 IFP application and inmate account statements. (Doc. #18). The Court understands plaintiff's letter to be asking whether he needs to file a new IFP application. Because plaintiff has already been granted leave to proceed without prepayment of fees, he need not file a new application. 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 2/17/2023) Copies Mailed By Chambers. (ks)
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Filing 18
LETTER from Gary Stewart dated 2/13/2023 re: I was informed that my case no 9:22-cv-1262 was transferred to your Court...enclosed information?. Document filed by G. Medina. (ok)
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Request for Copies/Transcripts/Docket Sheet Received: Re #18 Letter. Request for Docket Report, from Gary Stewart received on 2/16/2023. Transmission to Pro Se Assistants for processing. (ok)
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Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Gary Stewart 0000272073 at Westchester Jail, 10 Woods Road, Valhalla, NY 10595 on 2/16/2023. (sha)
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Filing 17
INFORMATION PACKAGE MAILED to Gary Stewart, 0000272073, at Westchester Jail, 10 Woods Road, Valhalla, NY 10595, on 2/8/2023 Re: #15 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. (sha)
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Filing 16
SUMMONS ISSUED as to G. Medina. (sha)
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Filing 15
ORDER OF SERVICE: The Clerk of Court is directed to issue a summons for Defendant G. Medina, complete the USM-285 forms with the address for this defendant, and deliver to the U.S. Marshals Service all documents necessary to effect service. Local Civil Rule 33.2 applies to this action. Defendant Medina must comply with Local Civil Rule 33.2 within 120 days of the date of this order. The Clerk of Court is further directed to mail an information package to Plaintiff. SO ORDERED. USM-285 Form due by 3/10/2023. (Signed by Judge Vincent L. Briccetti on 2/8/2023) (tg) Modified on 2/17/2023 (tg).
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 2/8/2023 Re: Judge Vincent L. Briccetti #15 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) G. Medina. (sha)
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NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (sac)
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Magistrate Judge Andrew E. Krause 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. (sac)
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Mailed a copy of #13 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of U.S.P. Allenwood Box 3000 White Deer, PA 17887. (dsh)
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Mailed a copy of #13 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of Westchester Jail 10 Woods Road Valhalla, NY 10595. (dsh)
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Filing 13
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 2/6/2023) (vn)
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Filing 12
CASE TRANSFERRED IN from the United States District Court - District of New York Northern; Case Number: 9:22-cv-01262. Original file certified copy of transfer order and docket entries received.
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Case Designated ECF. (vba)
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CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba)
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Filing 11
DECISION AND ORDER: ORDERED that this action be transferred to the United States District Court for the Southern District of New York. ORDERED that the Clerk of this Court advise the Clerk of the Southern District of New York of the entry of this Decision and Order and provide all information necessary for the Clerk of the Southern District to electronically access the documents filed in this action. The Court hereby waives the fourteen (14) day waiting period provided for in Local Rule 3.7. Signed by US Magistrate Judge Andrew T. Baxter on January 23, 2023. {order served via regular mail on plaintiff}(nas) [Transferred from New York Northern on 2/2/2023.]
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Filing 10
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 s/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 U.S. District Judge Glenn T. Suddaby on January 13, 2023. {text order served via regular mail on plaintiff}(nas) [Transferred from New York Northern on 2/2/2023.]
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Filing 9
MOTION for Leave to Proceed in forma pauperis filed by Gary Stewart (Attachments: #1 cover letter, #2 envelope)(nas, ) [Transferred from New York Northern on 2/2/2023.]
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Filing 8
TEXT ORDER granting Plaintiff's #7 letter requesting an extension of time until February 6, 2023 to comply with the December 4, 2022 Order by either submitting (1) pay the $402.00 filing fee in full; or (2) submit a completed and signed IFP application. The Clerk is directed to provide Plaintiff with a copy of the Order and a blank IFP application form together with this Text Order. SO ORDERED by U.S. District Judge Glenn T. Suddaby on 1/9/2023. (Copy of this Text Order served upon plaintiff, together with a blank IFP application, via regular mail)(sal ) [Transferred from New York Northern on 2/2/2023.]
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Filing 7
Letter Motion from Gary Stewart requesting an extension of time and notice of change of address from Sing Sing CF to Westchester County Jail. (nas, ) [Transferred from New York Northern on 2/2/2023.]
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Filing 6
Letter from Stewart dated 12/10/22 advising that he is in transit from Westchester County Jail and will advise when he reaches his next destination. Copy of Dkt. No. 4, blank ifp form and docket sheet served via regular mail on Plaintiff at Westchester Cpounty Jail. (nas, ) [Transferred from New York Northern on 2/2/2023.]
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Filing 5
Mail Returned as Undeliverable. Dkt. No. #4 Order Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement was sent to Stewart at Sing Sing Correctional Facility. Envelope indicates "released". (nas, ) [Transferred from New York Northern on 2/2/2023.]
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Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. Plaintiff's IFP application is DENIED as incomplete. Because this action was not properly commenced, the Clerk is directed to administratively close this action. If plaintiff desires to pursue this action, he must, within 30 days of the filing date of this Order, either (1) pay the $402.00 filing fee in full; or (2) submit a completed and signed IFP application. Upon plaintiff's compliance with this Order, the Clerk shall reopen the action and forward it to the Court for review. In accordance with the Rule 10.1(c)(2) of the Court's Local Rules, plaintiff shall promptly notify the Clerk's Office and all parties or their counsel, in writing, of any change in his address. Plaintiff's failure to do so may result in the dismissal of this action. The Clerk shall serve a copy of this Order on plaintiff along with a blank IFP application. Signed by U.S. District Judge Glenn T. Suddaby on 12/4/2022. (Copy served upon plaintiff along w/ blank IFP Application via regular mail)(sal) [Transferred from New York Northern on 2/2/2023.]
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Filing 3
INMATE AUTHORIZATION FORM by Gary Stewart. (nas, ) [Transferred from New York Northern on 2/2/2023.]
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Gary Stewart(nas, ) [Transferred from New York Northern on 2/2/2023.]
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Filing 1
COMPLAINT against G. Medina filed by Gary Stewart. (Attachments: #1 envelope)(nas ) [Transferred from New York Northern on 2/2/2023.]
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