Pek v. Annucci et al
| Eric Pek |
| Commissioner Anthony Annucci, Sergeant Joseph, John Doe, Captain N, Capt. C. Wilson and Capt. C. Nixon |
| 7:2023cv06914 |
| August 7, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Cathy Seibel |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 20, 2023. A more recent docket listing may be available from PACER.
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| MAILING RECEIPT: Document No: 16. Mailed to: Eric Pek DIN:16A1825 354 Hunter Street Ossining, NY 10562. (sha) |
Filing 16
MEMO ENDORSEMENT on re: #15 Letter, filed by Eric Pek. ENDORSEMENT: As Plaintiff has indicated that he did not intend to name Captain Nixon as a Defendant, and he does not believe that Captain Nixon personally violated Plaintiff's rights, the claims are dismissed as to Captain Nixon only. The Clerk shall terminate Captain Nixon as a Defendant. SO ORDERED. C. Nixon terminated. (Signed by Judge Cathy Seibel on 9/18/2023) (mml)
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| Filing 15 LETTER addressed to Judge Cathy Seibel from E. Pek, re: Captain C. Nixon, in my humble opinion, would be an employee witness to offer testimony in regard to Defendant B. Joseph, the sergeant who intentionally breached his constitutional duties by not affording plaintiff and other prisoners housed in A block the opportunity of attending "Jumah" service etc. Document filed by Eric Pek.(sc) |
| Filing 14 (2nd) AMENDED COMPLAINT, re: amending #7 Amended Complaint, against Anthony Annucci, John Doe(Officer in Charge, sued in their individual capacity ), John Doe(Escorting Officer, sued in their individual capacity ), Joseph, C. Nixon with JURY DEMAND.Document filed by Eric Pek. Related document: #7 Amended Complaint.(sc) |
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Filing 13
INFORMATION PACKAGE MAILED to Eric Pek DIN: 16A1825 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562 on 09/06/2023 Re: #10 Order of Service #8 Order Granting IFP Application in Prisoner Case. 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 12 SUMMONS ISSUED as to Anthony Annucci, Joseph..(ta) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 09/06/2023 Re: Judge Cathy Seibel #10 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) DOCCS Commissioner Anthony Annucci and Correctional Sergeant Joseph. (ta) |
| Mailed a copy of #10 Order of Service to New York State Attorney General at: 28 Liberty Street, 16th Floor, New York, New York 10005. (ta) |
| MAILING RECEIPT: Document No: 11. Mailed to: Eric Pek DIN:16A1825 354 Hunter Street Ossining, NY 10562. (sha) |
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Filing 11
ORDER denying without prejudice #3 Motion to Appoint Counsel: The Court has no authority to appoint counsel in civil cases. The most it can do is to see if there is a lawyer who would volunteer to take Plaintiff's case. There are many more unrepresented litigants seeking counsel than there are volunteers, and even those willing to volunteer usually are interested only when the case is much closer to trial. Under Hodge v. Police Officers, 802 F.2d 58 (2d Cir. 1986), in determining whether to seek a volunteer, I must first consider whether the claim is likely to be of substance, a conclusion I cannot reach at this stage, in light of case law suggesting that missing a single service does not rise the level required for a free exercise or RLUIPA claim. See, e.g., Williams v. Colby, No. 22-CV-4022), 2022 WL 2819579, at *4 (S.D.N.Y. July 18, 2022); Graham v. Mahmood, No. 05-CV-10071), 2008 WL 1849167, at *15 (S.D.N.Y. Apr. 22, 2008); Hankins v. NYS Dep't of Corr. Servs., No. 07-CV-408F, 2008 WL 2019655, at *6 (N.D.N.Y. Mar. 10, 2008). Even I could conclude the claim was likely to be of substance, I would then have to consider "the indigent's ability to investigate the crucial facts, whether conflicting evidence implicating the need for cross-examination will be the major proof presented to the fact finder, the indigent's ability to present the case, the complexity of the legal issues and any special reason in that case why appointment of counsel would be more likely to lead to a just determination." Here Defendants have not even been served; we do not know if a motion to dismiss will be made or granted, and thus even if we will get to discovery, let alone trial. Neither the facts nor the legal issues seem especially complex. Accordingly, the application is denied without prejudice to renewal at a later stage of the case. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Filing 10
ORDER OF SERVICE: The Clerk of Court is directed to add "Captain N" as a Defendant, pursuant to Rule 21 of the Federal Rules of Civil Procedure. The Clerk of Court is instructed to issue summonses for DOCCS Commissioner Anthony Annucci and Correctional Sergeant Joseph, 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. The Clerk of Court is also 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, New York 10005. Plaintiff is referred to the NYLAG Pro Se Clinic. Copies of the Clinic's flyer, retainer, and intake form are attached to this order. A Second Amended Complaint form is also attached. The Clerk of Court is further directed to mail an information package to Plaintiff. SO ORDERED. Captain N added. (Signed by Judge Cathy Seibel on 8/31/2023) (mml)
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| Transmission to Pro Se Assistants. Transmitted re: #10 Order of Service to the Pro Se Assistants for processing. (mml) |
| MAILING RECEIPT: Document No: 8. Mailed to: Eric Pek DIN:16A1825 354 Hunter Street Ossining, NY 10562; and to Warden, Sing Sing Correctional Facility. (sha) Modified on 8/31/2023 (sha). |
| 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. (dsh) |
| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Laura Taylor Swain is no longer assigned to the case. (dsh) |
| CASE ACCEPTED AS RELATED. Create association to 7:23-cv-06056-CS. Notice of Assignment to follow. (dsh) |
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Filing 8
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 the facility 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 8/29/2023) (sha)
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| Filing 7 AMENDED COMPLAINT, Re: amending #2 Complaint against Anthony Annucci, John Doe(Officer in Charge, sued in their individual capacity ), John Doe(Escorting Officer, sued in their individual capacity ), Joseph with JURY DEMAND.Document filed by Eric Pek. Related document: #2 Complaint.(sc) |
| Filing 6 PRISONER AUTHORIZATION. Document filed by Eric Pek.(sc) |
| Filing 5 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Eric Pek.(sc) |
| MAILING RECEIPT: Document No: 4. Mailed to: Eric Pek DIN:16A1825 354 Hunter Street Ossining, NY 10562. (sha) |
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Filing 4
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 9/18/2023. In Forma Pauperis (IFP) Application due by 9/18/2023. Prisoner Authorization Form due by 9/18/2023. (Signed by Judge Laura Taylor Swain on 8/17/2023) (sac)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (dsh) |
| MAILING RECEIPT: Document No: 1. Mailed to: Eric Pek DIN:16A1825 354 Hunter Street Ossining, NY 10562. (ta) |
| Filing 3 MOTION re: for Appointment of Counsel. Document filed by Eric Pek. (sac) |
| Filing 2 COMPLAINT against Anthony Annucci, John Doe(Officer in Charge, sued in their individual capacity ), John Doe(Escorting Officer, sued in their individual capacity ), Joseph. Document filed by Eric Pek. (sac) |
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Filing 1
ORDER: The Clerk of Court is further directed to open separate civil actions with new docket numbers for Carlos Arriago, Terrence Turner, David Louime, Dennis Antwon, Robert Campbell, Gregory White, Shantee Brooks, Eligidio Lind, Teddy Williams, Hector L. DeJesus, Apolinar Roque, Ricardo Corbin, Terel Overton, Alex Martinez, Deshard Wright, Clayton Scott, Michael A. Crane, Kevin Bussey, Eric Pek, Vaughn Campbell, Ivan T. Ramos, Daniel Jones, Dwayne Reed, Ivan Seabrooks, James Scott, Alen Haymon, Alfonso A. Howard, Stephen Robinson, and Trevor Price. A copy of the complaint (ECF No. 1), the motion for the appointment of counsel (ECF No. 4), and this order should be docketed in each new 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 IFP 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 8/7/2023) (sac)
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| Case Designated ECF. (sac) |
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