Barnett v. State of New York et al
| Lafvorne Barnett |
| State of New York, Superintendent of Sing Sing Correctional Facility, Deputy Officer, John Doe, Superintendent of Five Points Correctional Facility, Village of Ossining, C.O. A. Thomas, C.O. K. Edwards and C.O. M. Banks |
| 7:2024cv01174 |
| February 9, 2024 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Laura Taylor Swain |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on April 2, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Village of Ossining served on 3/22/2024, answer due 5/21/2024. Service was accepted by Stuart E. Kahan..(kgo) |
| Filing 25 NOTICE OF APPEARANCE by Paul Edward Svensson on behalf of Village of Ossining..(Svensson, Paul) |
| Filing 24 NOTICE OF APPEARANCE by John J. Walsh, II on behalf of Village of Ossining..(Walsh, John) |
| Filing 23 AMENDED COMPLAINT amending #2 Amended Complaint, against C.O. A. Thomas, C.O. K. Edwards, C.O. M. Banks, Village of Ossining.Document filed by Lafvorne Barnett. Related document: #2 Amended Complaint,.(yv) |
| MAILING RECEIPT: Document No: 22. Mailed to: Lafvorne Barnett DIN:22B0439 Five Points Correctional Facility 6600 State Rout 96 Caller Box 400 Romulus, NY 14541. (sha) |
Filing 22
MEMO ENDORSEMENT on re: #21 Letter filed by Lafvorne Barnett ENDORSEMENT Application granted. Plaintiff may file an Amended Complaint as a matter of course no later than 21 days after service of the Summons and Complaint pursuant to Federal Rule of Civil Procedure 15(a)(1). SO ORDERED. (Signed by Judge Philip M. Halpern on 3/28/2024) (jca)
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| Filing 21 LETTER addressed to Clerk from Lafvorne Barnett re: Request to file an amended complaint. Document filed by Lafvorne Barnett..(kgo) |
| MAILING RECEIPT: Document No: 19-20. Mailed to: Lafvorne Barnett DIN:22B0439 Five Points Correctional Facility 6600 State Rout 96 Caller Box 400 Romulus, NY 14541. (sha) |
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Filing 20
MEMO ENDORSEMENT denying #18 Motion re: #18 MOTION MOTTION TO GO TO TRIAL AFTER DISCOVERY. ENDORSEMENT Application denied. The Clerk of Court is directed to terminate the motion pending at Doc. 18. SO ORDERED. (Signed by Judge Philip M. Halpern on 3/21/2024) (jca)
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Filing 19
MEMO ENDORSEMENT denying #17 Letter Motion for Discovery. ENDORSEMENT Application denied as premature. The Clerk of Court is directed to terminate the motion at Doc. 17. SO ORDERED. (Signed by Judge Philip M. Halpern on 3/21/2024) (jca)
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| Filing 17 MOTION TO PROCEED IN DISCOVERY. Document filed by Lafvorne Barnett.(rro) |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Lafvorne Barnett DIN: 22B0439 Five Points Correctional Facility 6600 State Rout 96 Caller Box 400 Romulus, NY 14541 on 3/20/2024. (nb) |
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Filing 14
INFORMATION PACKAGE MAILED to Lafvorne Barnett DIN: 22B0439 Five Points Correctional Facility 6600 State Rout 96 Caller Box 400 Romulus, NY 14541, at, on 3/18/2024 Re: #12 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 13 SUMMONS ISSUED as to C.O. A. Thomas, C.O. K. Edwards, C.O. M. Banks, Village of Ossining. (nb) |
| FRCP 4 SERVICE PACKAGE DELIVERED TO U.S.M.: on 3/18/2024 Re: Judge Philip M. Halpern #12 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) C.O. A. Thomas, C.O. K. Edwards, C.O. M. Banks, Village of Ossining. (nb) |
| Filing 18 MOTION TO GO TO TRIAL AFTER DISCOVERY. Document filed by Lafvorne Barnett.(rro) |
| Filing 16 PRISONER AUTHORIZATION. Document filed by Lafvorne Barnett..(tro) |
| Filing 15 LETTER addressed to Clerk from Lafvorne Barnett re: request for status update on case. Document filed by Lafvorne Barnett..(tro) |
| Request for Copies/Transcripts/Docket Sheet Received: Re #15 Letter. Request for Docket Report, from Lafvorne Barnett received on 3/15/2024. Transmission to Records Management for processing and Transmission to Pro Se Assistants for processing. (tro) |
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Filing 12
ORDER OF SERVICE: The Court dismisses Plaintiff's claims against the State of New York as barred by Eleventh Amendment immunity. See 28 U.S.C. 1915(e)(2)(B)(iii). The Court dismisses Plaintiffs claims against the County of Ossining and directs the Clerk of Court to substitute the Village of Ossining as a Defendant under Fed. R. Civ. P. 21. The Clerk of Court is respectfully directed to terminate the State of New York as a defendant in this action. The Clerk of Court is further instructed to issue summonses for the Village of Ossining and correction officers A. Thomas, K. Edwards, and M. Banks, 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 an information package to Plaintiff. Local Civil Rule 33.2 applies to this action. 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.State of New York terminated. (Signed by Judge Philip M. Halpern on 3/13/2024) (jca) Transmission to Pro Se Assistants for processing.
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| Case Designated Local Rule 33.2. (dmg) |
| MAILING RECEIPT: Document No: 10. Mailed to: Lafvorne Barnett DIN:22B0439 Five Points Correctional Facility 6600 State Rout 96 Caller Box 400 Romulus, NY 14541. (rdz) |
| NOTICE OF CASE REASSIGNMENT to Judge Philip M. Halpern. Judge Laura Taylor Swain is no longer assigned to the case. (vba) |
| 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) |
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Filing 10
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 3/7/2024) (vn)
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| Filing 9 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Lafvorne Barnett.(sc) |
| Filing 8 PRISONER AUTHORIZATION. Document filed by Lafvorne Barnett.(sc) |
| Filing 7 LETTER from L. Barnett, dated 2/29/24 re: I need to know if I can get the rules of the Court and all of the motions that I will need to file. Please Judge Laura Taylor Swain if I can get a Magistrate Judge on my case etc. Document filed by Lafvorne Barnett.(sc) |
| Request for Copies/Transcripts/Docket Sheet Received: Re #7 Letter,. Request for Motion, Opposition to Motion and Reply Form, from L. Barnett received on 3/5/24. Transmission to Pro Se Assistants for processing. (sc) |
| Filing 6 APPLICATION TO PROCEED WITHOUT FULL PREPAYMENT OF FEES, AFFIDAVIT & AUTHORIZATION FORM. Document filed by Lafvorne Barnett.(sc) Modified on 3/4/2024 (sc). |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Lafvorne Barnett DIN: 22B0439 Five Points Correctional Facility 6600 State Rout 96 Caller Box 400 Romulus, NY 14541 on 3/4/24. (sc) |
| Filing 5 LETTER from L. Barnett, dated 2/20/24 re: I am writing to you under this name because my mail is being tampered with. I am also writing you because I sent you a 1983 Civil Law packet, and I need to know if you got it at all. Document filed by Lafvorne Barnett.(sc) |
| Request for Copies/Transcripts/Docket Sheet Received: Re #5 Letter. Request for Docket Report, from L. Barnett received on 2/20/24. Transmission to Pro Se Assistants for processing. (sc) |
| MAILING RECEIPT: Document No: 3. Mailed to: Lafvorne Barnett DIN:22B0439 Five Points Correctional Facility 6600 State Rout 96 Caller Box 400 Romulus, NY 14541. (nb) |
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Filing 3
ORDER DIRECTING PAYMENT OF FEES OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & 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). Filing Fee due by 3/25/2024. In Forma Pauperis (IFP) Application due by 3/25/2024. Prisoner Authorization Form due by 3/25/2024. (Signed by Judge Laura Taylor Swain on 2/22/2024) (sha)
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| Filing 4 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Lafvorne Barnett. (sac) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
| Filing 1 COMPLAINT against Deputy Officer, John Doe(Sergeants at Five Points Correctional Facility), John Doe(Correction Officers at Five Point Correctional Facility), State of New York, Superintendent of Five Points Correctional Facility, Superintendent of Sing Sing Correctional Facility. Document filed by Lafvorne Barnett. (sac) |
| Case Designated ECF. (sac) |
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