Howard v. Annucci et al
| Alfonso A. Howard |
| Commissioner Anthony Annucci, Sergeant Joseph, John Doe and Capt. C. Nixon |
| 7:2023cv06923 |
| August 7, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Cathy Seibel |
| Laura Taylor Swain |
| 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 15, 2023. A more recent docket listing may be available from PACER.
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| Filing 14 LETTER addressed to Judge Cathy Seibel from A. Howard, re: "ORDER OF SERVICE" - Your Honor, I would like to apologize to this Court for the mistake and deficiency contained within my pleading etc. Plaintiff has enclosed several documents to support his contentions that Captain C. Nixon is an employee witness and not a defendant. Captain C. Nixon did not have any direct involvement in this violation of Plaintiff's constitutional rights etc. Document filed by Alfonso A. Howard.(sc) Modified on 9/18/2023 (sc). |
| Filing 13 (2nd) AMENDED COMPLAINT 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 Alfonso A. Howard. Related document: #7 Amended Complaint.(sc) |
Filing 12
INFORMATION PACKAGE MAILED to Alfonso A. Howard DIN: 11A5337 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562 on 09/05/2023 Re: #9 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 11 SUMMONS ISSUED as to Anthony Annucci, Joseph. (ta) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 09/05/2023 Re: Judge Cathy Seibel #9 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 #7 Amended Complaint, #9 Order of Service to New York State Attorney General at: 28 Liberty Street, 16th Floor, New York, New York 10005. (ta) |
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Filing 9
ORDER OF SERVICE: Plaintiff's request for pro bona counsel (ECF 3) is denied without prejudice. The Clerk of Court is instructed to: (I) issue summonses for DOCCS Commissioner Anthony Annucci and Correctional Sergeant Joseph, 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: (2)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; and (3) mail a second amended complaint form and information package to Plaintiff. Plaintiff is referred to the NYLAG Pro Se Clinic. Copies of the Clinic's flyer, retainer, and intake form are attached to this order. SO ORDERED., Motions terminated: #3 MOTION to Appoint Counsel. filed by Alfonso A. Howard. (Signed by Judge Cathy Seibel on 8/29/23) (yv) Transmission to Pro Se Assistants for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Laura Taylor Swain is no longer assigned to the case. (tro) |
| 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. (tro) |
| MAILING RECEIPT: Document No: 8. Mailed to: Alfonso A. Howard DIN:11A5337 354 Hunter Street Ossining, NY 10562. ; and to Warden, Sing Sing Correctional Facility (sha) |
| CASE ACCEPTED AS RELATED. Create association to 7:23-cv-06056-CS. Notice of Assignment to follow. (tro) |
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Filing 8
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: Plaintiff's application for leave to proceed without prepayment of fees is granted. A prisoner bringing a civil action is required to pay the full $350 filing fee even when proceeding in forma pauperis (IFP), that is, without prepayment of fees.... The Court must collect, when funds exist in a prisoner's account, an initial partial filing fee plus monthly payments.... Accordingly, the Clerk of the Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of the Plaintiff.... The Clerk of the Court is also directed to send a copy of this order to Plaintiff and note service on the docket.... (Signed by Judge Laura Taylor Swain on 8/28/23) (sc)
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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.Document filed by Alfonso A. Howard. Related document: #2 Complaint.(sc) |
| Filing 6 PRISONER AUTHORIZATION. Document filed by Alfonso A. Howard.(sc) |
| Filing 5 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Alfonso A. Howard.(sc) |
| MAILING RECEIPT: Document No: 4. Mailed to: Alfonso A. Howard DIN:11A5337 354 Hunter Street Ossining, NY 10562. (vn) |
| MAILING RECEIPT: Document No: 1. Mailed to: Alfonso A. Howard DIN:11A5337 354 Hunter Street Ossining, NY 10562. (vn) |
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Filing 4
ORDER DIRECTING ORIGINAL SIGNATURE, & PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: To proceed, Plaintiff is directed to sign and resubmit the signature page and to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within 30 days of the date of this Order. 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). Signature Page and Filing Fee due by 9/7/2023. In Forma Pauperis (IFP) Application due by 9/7/2023. Prisoner Authorization Form due by 9/7/2023. (Signed by Judge Laura Taylor Swain on 8/8/2023) (Attachments: #1 signature page, #2 prisoner authorization, #3 IFP application) (keb)
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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) |
| Filing 3 MOTION re: for Appointment of Counsel. Document filed by Alfonso A. Howard. (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 Alfonso A. Howard. (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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