Fuentes v. New York State Department of Corrections and Community Supervision et al
| Jesus Fuentes |
| New York State Department of Corrections and Community Supervision, Anthony J. Annucci, Glenn S. Goord, Brian Fischer, Leroy Fields, Edward Burnett, Kimberly Lawrence and Daniel F Martuscello III |
| 7:2023cv09464 |
| October 25, 2023 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 9
INFORMATION PACKAGE MAILED to Jesus Fuentes DIN: 98A4737 Fishkill Correctional Facility 271 Matteawan Road Box 1245 Beacon, NY 12508, at, on 12/5/2023 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 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. (nb)
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| Filing 8 SUMMONS ISSUED as to Edward Burnett, Daniel F Martuscello III. (nb) |
| FRCP 4 SERVICE PACKAGE DELIVERED TO U.S.M.: on 12/5/2023 Re: Judge Philip M. Halpern #7 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)Edward Burnett, Daniel F Martuscello III. (nb) |
| Mailed a copy of #7 Order of Service to New York State Attorney Generals Office Managing Attorneys Office, 28 Liberty Street, 16th Floor, New York, NY 10005. (nb) |
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Filing 7
ORDER OF SERVICE: The Court dismisses Plaintiff's claims against New York State DOCCS and the official-capacity claims against Defendants Goord, Fischer, and Annucci, leaving the personal-capacity claims against these individual defendants. The Court substitutes Acting DOCCS Commissioner Daniel F. Martuscello III, for former Commissioner Annucci, see Fed. R. Civ. P. 25(d), to allow the official-capacity claims for prospective relief under Section 1983 to proceed against Acting Commissioner Martuscello. The Clerk of Court is instructed to issue summonses for Defendants Burnett and Martuscello, 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 further directed to: (1) mail an information package to Plaintiff; and (2) mail a copy of this order to the New York State Attorney General's Office at: Managing Attorney's Office, 28 Liberty Street, 16th Floor, New York, NY 10005. 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). (And as further set forth herein.) New York State Department of Corrections and Community Supervision terminated. (Signed by Judge Philip M. Halpern on 11/29/2023) (jca) Transmission to Pro Se Assistants for processing.
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| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Jesus Fuentes DIN: 98A4737 Fishkill Correctional Facility 271 Matteawan Road Box 1245 Beacon, NY 12508 on 12/1/23. (sc) |
| Filing 6 LETTER from J. Fuentes dated 11/21/23, re: Please advise me if my boxed-parcel mailing was ever delivered and received by your Office. Said parcel was prepared by me for shipping through this facility's Package Room on 10-18-23, as evidenced by the enclosed copy of "Authorization for Disposal of Personal Property"(Form 2068) etc. Document filed by Jesus Fuentes.(sc) |
| Request for Copy of the updated Docket Sheet Received: Re #6 Letter. Request for Docket Report, from J. Fuentes received on 11/27/23. Transmission to Pro Se Assistants for processing. (sc) |
| Magistrate Judge Andrew E. Krause is designated to handle matters that may be referred in this case. 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 Philip M. Halpern. Judge Unassigned is no longer assigned to the case. (vba) |
| MAILING RECEIPT: Document No: 4. Mailed to: Jesus Fuentes DIN:98A4737 271 Matteawan Road Box 1245 Beacon, NY 12508. ; and to Warden, Fishkill Correctional Facility (sha) |
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Filing 4
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 10/31/2023) (vn)
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| Filing 3 PRISONER AUTHORIZATION. Document filed by Jesus Fuentes. (sac) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jesus Fuentes. (sac) |
| Filing 1 COMPLAINT against Anthony J. Annucci, Edward Burnett, Leroy Fields, Brian Fischer, Glenn S. Goord, Kimberly Lawrence, New York State Department of Corrections and Community Supervision. Document filed by Jesus Fuentes. (Attachments: #1 Appendix - Main Document, #2 Letter) (sac) |
| Case Designated ECF. (sac) |
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