Murphy v. Rodriguez et al
Plaintiff: Adam E. Murphy
Defendant: ERT Medical Officer K. Rodriguez, ERT Officer Pullen, ERT Officer Prelvukaj, Orange County Jail Medical Dept. Wellpath, Orange County and WELLPATH Medical Dept. OCJ
Case Number: 7:2023cv06998
Filed: August 7, 2023
Court: US District Court for the Southern District of New York
Office: White Plains Office
Presiding Judge: Kenneth M Karas
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 19, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 2, 2023 Filing 12 CERTIFICATE OF SERVICE of Notice of Appearance served on Adam E. Murphy on October 2, 2023. Service was made by Mail. Document filed by Orange County, Prelvukaj, Pullen, K. Rodriguez..(Morgillo, Lisa)
October 2, 2023 Filing 11 NOTICE OF APPEARANCE by Lisa Morgillo on behalf of Orange County, Prelvukaj, Pullen, K. Rodriguez..(Morgillo, Lisa)
September 18, 2023 Filing 10 LETTER from A. Murphy, dated 9/12/23 re: "MOTION" - I would like to file a writ of habeas corpus and be transferred to another facility. The conditions here at the Facility are horrific. The staff corrections officers are spitting on my food etc. Document filed by Adam E. Murphy.(sc)
September 5, 2023 Filing 9 AMENDED COMPLAINT, Re: amending #1 Complaint against Prelvukaj, Pullen, K. Rodriguez, WELLPATH Medical Dept. OCJ.Document filed by Adam E. Murphy. Related document: #1 Complaint.(sc)
September 5, 2023 Opinion or Order Filing 8 INFORMATION PACKAGE MAILED to Adam E. Murphy Reg. 2023-00985 Orange County Jail 110 Wells Farm Rd Goshen, NY 10924 on 09/05/2023 Re: #6 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)
September 5, 2023 Filing 7 SUMMONS ISSUED as to Orange County, Prelvukaj, Pullen, K. Rodriguez..(ta)
September 5, 2023 FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 09/05/2023 Re: Judge Kenneth M. Karas #6 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) ERT Officer K. Rodriguez, Badge #114; ERT Officer Pullen, Badge #474; ERT Officer Prevukaj (or Prelvukaj), Badge #138; and Orange County. (ta)
August 29, 2023 Opinion or Order Filing 6 ORDER OF SERVICE: The Court dismisses Plaintiff's claims against "Orange County Jail Medical Dept. Wellpath" for failure to state a claim on which relief may be granted. See 28 U.S.C. 1915(e)(2)(B)(ii).The Clerk of Court is directed to add Orange County as a Defendant under FED. R. CIV. P. 21.The Clerk of Court is further directed to issue summonses, complete the USM-285 forms with the addresses for ERT Officer K. Rodriguez, Badge #114; ERT Officer Pullen, Badge #474; ERT Officer Prevukaj (or Prelvukaj), Badge #138; and Orange County, and deliver all documents necessary to effect service to the U.S. Marshals Service. Local Civil Rule 33.2 applies to this Action. Copies of the NYLAG Clinics flyer, retainer, and intake form are attached to this Order. The Clerk of Court is also directed to mail an information package to Plaintiff. 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., (Orange County added. Orange County Jail Medical Dept. Wellpath (Medical Staff) terminated.) (Signed by Judge Kenneth M. Karas on 8/29/23) (yv) Transmission to Pro Se Assistants for processing.
August 22, 2023 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)
August 22, 2023 NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Unassigned is no longer assigned to the case. (vba)
August 10, 2023 MAILING RECEIPT: Document No: 4. Mailed to: Adam E. Murphy Reg.2023-00985 110 Wells Farm Rd Goshen, NY 10924. (ta)
August 9, 2023 Opinion or Order Filing 4 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 8/9/23) (aan)
August 9, 2023 Mailed a copy of #4 Order Granting IFP Application in Prisoner Case,,, #3 Prisoner Authorization to Warden Orange County Jail 110 Wells Farm Rd Goshen, NY 10924..(ta)
August 7, 2023 Filing 3 PRISONER AUTHORIZATION. Document filed by Adam E. Murphy. (sac)
August 7, 2023 Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Adam E. Murphy. (sac)
August 7, 2023 Filing 1 COMPLAINT against Orange County Jail Medical Dept. Wellpath, Prelvukaj, Pullen, K. Rodriguez. Document filed by Adam E. Murphy. (sac)
August 7, 2023 Case Designated ECF. (sac)

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Plaintiff: Adam E. Murphy
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Defendant: ERT Medical Officer K. Rodriguez
Represented By: Lisa Morgillo
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Defendant: ERT Officer Pullen
Represented By: Lisa Morgillo
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Defendant: ERT Officer Prelvukaj
Represented By: Lisa Morgillo
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Defendant: Orange County Jail Medical Dept. Wellpath
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Defendant: Orange County
Represented By: Lisa Morgillo
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Defendant: WELLPATH Medical Dept. OCJ
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