Allen v. Aitken et al
Plaintiff: Garner Allen
Defendant: Correctional Officer Deveron D. Aitken, Correctional Officer Jonelle S. Bissessar, Sergeant Kenneth L. James and John Doe
Case Number: 7:2023cv02149
Filed: March 13, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Vincent L Briccetti
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 7, 2023 Opinion or Order Filing 10 INFORMATION PACKAGE MAILED to Garner Allen, 06-A-6019, at Sing Sing Correctional Facility, 354 Hunter St., Ossining, NY 10562, on 4/7/2023 Re: #8 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 flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), 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)
April 7, 2023 Filing 9 SUMMONS ISSUED as to C.O. Deveron D. Aitken, C.O. Jonelle S. Bissessar, Correctional Sergeant Kenneth L. James. (sha)
April 7, 2023 FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 4/7/2023 Re: Judge Vincent L. Briccetti #8 Order of Service. The following document(s) were enclosed in the Service Package: Complaint, #6 Letter, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) C.O. Deveron D. Aitken, C.O. Jonelle S. Bissessar, Correctional Sergeant Kenneth L. James. (sha) Modified on 4/7/2023 (sha).
April 7, 2023 Mailed a copy of #1 Complaint, #6 Letter, #8 Order of Service, to Attorney General of the State of New York at 28 Liberty Street, 16th Floor, New York, New York 10005. (sha)
April 6, 2023 Opinion or Order Filing 8 ORDER OF SERVICE: The Court directs the Clerk of Court to mail an information package to Plaintiff. The Court also directs the Clerk of Court to issue summonses for Defendants Aitken, Bissessar, and James; complete USM-285 forms with the addresses of those defendants; and deliver all documents necessary to effect service of the complaint (Doc. # 1) and Plaintiff's letter (Doc. #6) on those defendants to the U.S. Marshals Service. The Court further directs the identified defendants (Defendants Aitken, Bissessar, and James) to comply with Local Civil Rule 33.2 within 120 days of service of process. The Court additionally directs the Clerk of Court to mail a copy of this order, the complaint (Doc. #1), and the letter (Doc. #6) to the Attorney General of the State of New York at 28 Liberty Street, 16th Floor, New York, New York 10005. An amended complaint form is attached to this order. A flyer, retainer, and intake form from NYLAG are also attached to this order. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 4/6/2023) (ks) Transmission to Pro Se Assistants for processing.
April 6, 2023 NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (aea)
April 6, 2023 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)
March 29, 2023 Filing 6 LETTER addressed to Judge Laura Taylor Swain from Garner Allen, re: Plaintiff is going to have surgery done on 3/27/23 to get the steel pieces out of plaintiff's jaw after it was broken by the defendant. Surgery will be done at the Westchester Medical Center etc. Document filed by Garner Allen.(sc)
March 27, 2023 Filing 5 AMENDED PRISONER AUTHORIZATION. Document filed by Garner Allen.(sc)
March 15, 2023 MAILING RECEIPT: Document No: 4. Mailed to: Garner Allen 06-A-6019 Sing Sing Correctional Facility 354 Hunter St. Ossining, NY 10562. Also mailed a copy to the Superintendent of Sing Sing Correctional Facility. (kh)
March 14, 2023 Opinion or Order 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 3/14/2023) (vn)
March 14, 2023 Case Designated Local Rule 33.2. (jjg)
March 13, 2023 Filing 3 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Garner Allen..(rdz) (Main Document 3 replaced on 3/14/2023) (rdz).
March 13, 2023 Filing 2 PRISONER AUTHORIZATION. Document filed by Garner Allen..(rdz)
March 13, 2023 Filing 1 COMPLAINT against Deveron D. Aitken, Jonelle S. Bissessar, Kenneth L. James, John Doe. Document filed by Garner Allen..(rdz)
March 13, 2023 Case Designated ECF. (rdz)

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Plaintiff: Garner Allen
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Defendant: Correctional Officer Deveron D. Aitken
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Defendant: Correctional Officer Jonelle S. Bissessar
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Defendant: Sergeant Kenneth L. James
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Defendant: John Doe
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