Shelby v. Petreucci
| July Justine Shelby |
| James Petrucci, Warden, Mr. W.S. Pliler, FCI Otisville, Health Service Administrator, Officer Hannah, B. Walls, Dr. Alphonse Linley, Zach Hurn, Police Officer Eric Christiansen, Warden Washington and Dr. Alex McLearen |
| 7:2023cv04315 |
| May 24, 2023 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on October 11, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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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. (sgz) |
| NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Laura Taylor Swain is no longer assigned to the case. (sgz) |
| MAILING RECEIPT: Document No: 16. Mailed to: July Justine Shelby 15472-028 FMC Carswell P.O. Box 27137 Ft. Worth, TX 76127. (ok) |
Filing 16
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 7/12/2023) (vn)
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| Filing 14 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by July Justine Shelby.(sc) |
| Filing 15 PRISONER AUTHORIZATION. Document filed by July Justine Shelby.(sc) |
| Received returned mail re: #13 Order Directing Payment of Fee or IFP Application & Prisoner Authorization. Mail was addressed to July Justine Shelby, 15472-028, Federal Correctional Institution Otisville, P.O. Box 1000, Otisville, NY 10963 and was returned for the following reason(s): Return To Sender REFUSED Unable To Forward. (vn) |
| MAILING RECEIPT: Document No: 13. Mailed to: July Justine Shelby 15472-028 FMC Carswell P.O. Box 27137 Ft. Worth, TX 76127. (kh) |
| Received returned mail re: #11 Order on Motion to Change Venue. Mail was addressed to July Justine Shelby, 15472-028, Federal Correctional Institution Otisville, P.O. Box 1000, Otisville, NY 10963 and was returned for the following reason(s): Return To Sender Not Deliverable As Addressed Unable To Forward. (vn) |
| MAILING RECEIPT: Document No: 13. Mailed to: July Justine Shelby 15472-028 Federal Correctional Institution Otisville P.O. Box 1000 Otisville, NY 10963. (ok) |
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Filing 13
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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). Filing Fee due by 6/26/2023. In Forma Pauperis (IFP) Application due by 6/26/2023. Prisoner Authorization Form due by 6/26/2023. (Signed by Judge Laura Taylor Swain on 5/26/2023) (Attachments: #1 Supplement ifp, #2 Supplement plra) (bl)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac) |
| MAILING RECEIPT: Document No: 11. Mailed to: July Justine Shelby 15472-028 Federal Correctional Institution Otisville P.O. Box 1000 Otisville, NY 10963. (kh) |
| Filing 12 CASE TRANSFERRED IN from the United States District Court - District of Texas Northern; Case Number: 4:23-cv-00358. Original file certified copy of transfer order and docket entries received. |
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Filing 11
ORDER OF TRANSFER...It is therefore ORDERED that this case be, and is hereby, TRANSFERRED to the United States District Court for the Southern District of New York. Case transferred to Southern District of New York. (Ordered by Judge Reed C. O'Connor on 5/24/2023) (wxc) [Transferred from Texas Northern on 5/24/2023.]
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| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (tro) |
| Case Designated ECF. (tro) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions..(tro) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Wed May 24 08:43:38 CDT 2023 (crt) [Transferred from Texas Northern on 5/24/2023.] |
| Filing 10 Motion for Leave to Proceed in forma pauperis with certificate of trust account filed by July Justine Shelby (wxc) [Transferred from Texas Northern on 5/24/2023.] |
| Filing 9 AMENDED COMPLAINT against All Defendants filed by July Justine Shelby. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (wxc) [Transferred from Texas Northern on 5/24/2023.] |
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Filing 8
ORDER denying #7 It is therefore ORDERED that the Motion to Reconsider Transfer Order (ECF No. #7 ) is DENIED. Shelby remains obligated to timely comply with the prior Order and Notice of Deficiency. (Ordered by Judge Reed C. O'Connor on 4/27/2023) (wxc) [Transferred from Texas Northern on 5/24/2023.]
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Thu Apr 27 12:46:05 CDT 2023 (crt) [Transferred from Texas Northern on 5/24/2023.] |
| Filing 7 Motion to Reconsider Transfer Order filed by July Justine Shelby (wxc) [Transferred from Texas Northern on 5/24/2023.] |
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Filing 6
ORDER AND NOTICE OF DEFICIENCY... Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 30 days. (Ordered by Judge Reed C. O'Connor on 4/18/2023) (Attachments: #1 Complaint Form, #2 Prisoner IFP) (wxc) [Transferred from Texas Northern on 5/24/2023.]
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Tue Apr 18 14:52:38 CDT 2023 (crt) [Transferred from Texas Northern on 5/24/2023.] |
| Filing 5 Notice and Instruction to Pro Se Party (wxc) [Transferred from Texas Northern on 5/24/2023.] |
| Filing 4 New Case Notes: A filing fee has not been paid. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) File to: appropriate staff attorney. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (wxc) [Transferred from Texas Northern on 5/24/2023.] |
| Filing 3 Case electronically transferred in from District of New York Southern; Case Number 1:23-cv-02851. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. [Transferred from Texas Northern on 5/24/2023.] |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4,5. Fri Apr 14 14:32:17 CDT 2023 (crt) [Transferred from Texas Northern on 5/24/2023.] |
| MAILING RECEIPT: Document No: 2. Mailed to: July Justine Shelby 15472-028 Federal Medical Center, Carswell P.O. Box 27137 Forth Worth, TX 76127. (kh) [Transferred from New York Southern on 4/14/2023.] [Transferred from Texas Northern on 5/24/2023.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of Texas.(rdz) [Transferred from New York Southern on 4/14/2023.] [Transferred from Texas Northern on 5/24/2023.] |
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Filing 2
TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Northern District of Texas. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes this case. 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). SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/6/23) (rdz) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 4/14/2023.] [Transferred from Texas Northern on 5/24/2023.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sgz) [Transferred from New York Southern on 4/14/2023.] [Transferred from Texas Northern on 5/24/2023.] |
| Filing 1 COMPLAINT against J. Petreucci. Document filed by July Justine Shelby..(rdz) (Main Document 1 replaced on 4/5/2023) (rdz). [Transferred from New York Southern on 4/14/2023.] [Transferred from Texas Northern on 5/24/2023.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 4/14/2023.] [Transferred from Texas Northern on 5/24/2023.] |
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