Holmes v. Bentivegna et al
| Marvin Holmes |
| Dr. Robert Bentivegna, Dr. John Morley, Dr. Silver, Jane Doe (Nurse), Jack Johnson and New York State Department of Corrections |
| 7:2023cv05462 |
| June 27, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Nelson Stephen Roman |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Prisoner Trust Fund Account Statement by Marvin Holmes. (nb) |
Filing 9
INFORMATION PACKAGE MAILED to Marvin Holmes DIN: 08A4337 Green Haven Correctional Facility 594 Route 216 Stormville, NY 12582 on 08/04/2023 Re: #7 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. (ta)
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| Filing 8 SUMMONS ISSUED as to Robert Bentivegna, John Morley, Silver..(ta) |
| Mailed a copy of #1 Complaint, #7 Order of Service to New York State Attorney General at: 28 Liberty Street, 16th Floor, New York, NY 10005. (ta) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 08/04/2023 Re: Judge Nelson Stephen Roman #7 Order of Services Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) John Morley, Robert Bentivegna, and Lester Silver. (ta) |
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Filing 7
ORDER OF SERVICE: The Court dismisses Plaintiff's claims against the New York State Department of Corrections and Community Supervision (sued herein as New York State Department of Corrections) based on Eleventh Amendment immunity. The Clerk of Court is further instructed to issue summonses for Defendants John Morley, Robert Bentivegna, and Lester Silver, complete the USM-285 forms with the addresses for these defendants, and deliver to the U.S. Marshals Service all documents necessary to effect service. The Clerk of Court is directed to mail a copy of this order and the complaint to the New York State Attorney General at: 28 Liberty Street, 16th Floor, New York, NY 10005. The Clerk of Court is directed to mail Plaintiff an information package, an amended civil rights complaint form, and the NYLAG Clinic's flyer, retainer agreement, and intake form. 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 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 respectfully directed to mail a copy of this Order to pro se Plaintiff at Plaintiff's address listed on ECF and to show service on the docket. New York State Department of Corrections terminated. (Signed by Judge Nelson Stephen Roman on 8/2/2023) (rro) Transmission to Pro Se Assistants for processing.
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| Magistrate Judge Victoria Reznik 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. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Unassigned is no longer assigned to the case. (vba) |
| MAILING RECEIPT: Document No: 5. Mailed to: Marvin Holmes DIN:08A4337 594 Route 216 Stormville, NY 12582 and to Warden at Green Haven Correctional Facility, 594 Route 216 Stormville, NY 12582. (ok) Modified on 7/24/2023 (ok). |
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Filing 5
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 Plaintiffs 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 thefacility to which Plaintiff is transferred. Finally, it is Plaintiffs obligation to promptly submit a written notification to the Court if Plaintiffs address changes, and the Court may dismiss the action if Plaintiff fails to do so. SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/21/2023) (sha)
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| Filing 4 PRISONER AUTHORIZATION. Document filed by Marvin Holmes.(sc) |
| Filing 3 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Marvin Holmes.(sc) (Main Document 3 replaced on 7/20/2023) (sc). |
| MAILING RECEIPT: Document No: 2. Mailed to: Marvin Holmes DIN:08A4337 594 Route 216 Stormville, NY 12582. (kh) |
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Filing 2
ORDER DIRECTING PAYMENT OF FEES 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 7/28/2023. In Forma Pauperis (IFP) Application due by 7/28/2023. Prisoner Authorization Form due by 7/28/2023. (Signed by Judge Laura Taylor Swain on 6/28/2023) (sha)
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| Filing 1 COMPLAINT against Robert Bentivegna, Jane Doe (Nurse), Jack Johnson, John Morley, New York State Department of Corrections, Silver. Document filed by Marvin Holmes..(rdz) |
| Case Designated ECF. (rdz) |
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