Lu v. Hermans et al
Jianqiao Lu |
George Hermans, Sulahuddeen Azim and Westchester County |
7:2024cv01023 |
February 12, 2024 |
US District Court for the Southern District of New York |
Nelson Stephen Roman |
Prisoner: Prison Condition |
42 U.S.C. § 1983 Prisoner Civil Rights |
Plaintiff |
Docket Report
This docket was last retrieved on April 8, 2024. A more recent docket listing may be available from PACER.
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MAILING RECEIPT: Document No: 14. Mailed to: Jianqiao Lu #265008 WCDOC P.O. Box 10 Valhalla, NY 10595-0010. (sha) |
Filing 14 ORDER granting #13 Letter Motion for Extension of Time to Answer re #13 FIRST LETTER MOTION for Extension of Time to File Answer or Pre-Motion Letter addressed to Judge Nelson Stephen Roman from Robert Taglia dated 04/04/2024., #1 Complaint. The Court GRANTS County Defendants' extension request. County Defendants are directed to file an answer or otherwise respond to Plaintiff's complaint by April 15, 2024. The Clerk of Court is kindly directed to terminate the motion at ECF No. 13. Sulahuddeen Azim answer due 4/15/2024; George Hermans answer due 4/15/2024; Westchester County answer due 4/15/2024. (Signed by Judge Nelson Stephen Roman on 4/5/2024) (ate) |
Filing 13 FIRST LETTER MOTION for Extension of Time to File Answer or Pre-Motion Letter addressed to Judge Nelson Stephen Roman from Robert Taglia dated 04/04/2024. Document filed by Westchester County. Return Date set for 4/8/2024 at 09:30 AM..(Taglia, Robert) |
Filing 12 NOTICE OF APPEARANCE by Robert P. Taglia on behalf of Westchester County. (Attachments: #1 Affidavit Affidavit of Service).(Taglia, Robert) |
Filing 11 LETTER addressed to Judge Nelson Stephen Roman from Jianqiao Lu dated 3/19/2024 re: It is thus no longer necessary for the U.S. Marshals Service, which is experiencing a hefty backlog of unserved papers, to facilitate service in this case. Document filed by Jianqiao Lu..(rro) |
Filing 10 INFORMATION PACKAGE MAILED to Jianqiao Lu #265008 WCDOC P.O. Box 10 Valhalla, NY 10595-0010, at, on 3/15/2024 Re: #8 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) |
Filing 9 SUMMONS ISSUED as to Sulahuddeen Azim, George Hermans, Westchester County. (nb) |
FRCP 4 SERVICE PACKAGE DELIVERED TO U.S.M.: on 3/15/2024 Re: Judge Nelson Stephen Roman #8 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)Sulahuddeen Azim, George Hermans, Westchester County. (nb) |
MAILING RECEIPT: Document No: 8. Mailed to: Jianqiao Lu #265008 WCDOC P.O. Box 10 Valhalla, NY 10595-0010. (kwi) |
Filing 8 ORDER OF SERVICE: The Clerk of Court is instructed to issue summonses for George Hermans, Sulahuddeen Azim, and Westchester County, 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 instructed to mail Plaintiff an information package. 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 3/12/2024) (vfr) Transmission to Pro Se Assistants for processing. |
Magistrate Judge Victoria Reznik 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 Nelson Stephen Roman. Judge Laura Taylor Swain is no longer assigned to the case. (vba) |
MAILING RECEIPT: Document No: 6. Mailed to: Jianqiao Lu #265008 WCDOC P.O. Box 10 Valhalla, NY 10595-0010. (nb) |
Filing 6 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 2/27/2024) (vn) |
Filing 5 Original Signature Received from J. Lu re: #1 Complaint. (sc) |
MAILING RECEIPT: Document No: 4. Mailed to: Jianqiao Lu #265008 WCDOC P.O. Box 10 Valhalla, NY 10595-0010. (vn) |
Filing 4 ORDER DIRECTING ORIGINAL SIGNATURE: Plaintiff is directed to submit a signed signature page of the complaint, IFP application, and prisoner authorization to this Court's Pro Se Office within thirty (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 due by 3/15/2024. (Signed by Judge Laura Taylor Swain on 1/14/2024) (Attachments: #1 Exhibit complaint signature page, #2 Exhibit IFP application signature page, #3 Exhibit prisoner authorization signature page) (asg) |
NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
Filing 3 PRISONER AUTHORIZATION. Document filed by Jianqiao Lu. (sac) |
Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jianqiao Lu. (sac) |
Filing 1 COMPLAINT against Sulahuddeen Azim, George Hermans, Westchester County. Document filed by Jianqiao Lu. (sac) |
Case Designated ECF. (sac) |
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