Zielinski v. Martuscello et al
Plaintiff: Jeremy Zielinski
Defendant: Daniel Martuscello, Corrine Leone and David Howard
Case Number: 7:2024cv00150
Filed: January 8, 2024
Court: US District Court for the Southern District of New York
Presiding Judge: Nelson Stephen Roman
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 28, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 28, 2024 Opinion or Order Filing 8 INFORMATION PACKAGE MAILED to Jeremy Zielinski 16-A-3601 Woodbourne Correctional Facility 99 Prison Road P.O. Box 1000 Woodbourne, NY 12788-1000, at, on 2/28/2024 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 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)
February 28, 2024 Filing 7 SUMMONS ISSUED as to David Howard, Corrine Leone, Daniel Martuscello. (nb)
February 28, 2024 FRCP 4 SERVICE PACKAGE DELIVERED TO U.S.M.: on 2/28/2024 Re: Judge Nelson Stephen Roman #6 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)David Howard, Corrine Leone, Daniel Martuscello. (nb)
February 27, 2024 Opinion or Order Filing 6 ORDER OF SERVICE: The Clerk of Court is instructed to issue summonses, complete the USM-285 forms with the addresses for Daniel Martuscello, the Acting Commissioner of the New York State Department of Corrections and Community Supervision ("DOCCS"); Corrine Leone, the Law Library Coordinator of DOCCS; and David Howard, the Superintendent of Woodbourne Correctional Facility, and deliver all documents necessary to effect service to the U.S. Marshals Service.The Clerk of Court is further directed to mail an information package and a copy of this Order 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. (Signed by Judge Nelson Stephen Roman on 2/27/2024) (ama)
February 27, 2024 Magistrate Judge Judith C. McCarthy 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)
February 27, 2024 NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Unassigned is no longer assigned to the case. (vba)
February 26, 2024 MAILING RECEIPT: Document No: 4. Mailed to: Jeremy Zielinski 16-A-3601 Woodbourne Correctional Facility 99 Prison Road P.O. Box 1000 Woodbourne, NY 12788-1000. (mt)
February 23, 2024 Opinion or Order 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 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 2/22/2024) (sha) Modified on 2/23/2024 (sha).
January 8, 2024 Filing 3 PRISONER AUTHORIZATION. Document filed by Jeremy Zielinski..(rdz) (Main Document 3 replaced on 1/16/2024) (sac).
January 8, 2024 Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jeremy Zielinski..(rdz) (Main Document 2 replaced on 1/16/2024) (sac).
January 8, 2024 Filing 1 COMPLAINT against David Howard, Corrine Leone, Daniel Martuscello. Document filed by Jeremy Zielinski..(rdz)
January 8, 2024 Case Designated ECF. (rdz)

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Plaintiff: Jeremy Zielinski
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Defendant: Daniel Martuscello
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Defendant: Corrine Leone
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Defendant: David Howard
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