Jones v. Superintendent John Doe et al
| Ronell Jones |
| John Doe Officers, John Doe Officer and Michael Capra |
| 7:2024cv05549 |
| July 19, 2024 |
| U.S. District Court for the Southern District of New York |
| Cathy Seibel |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 10
INFORMATION PACKAGE MAILED to Ronell Jones 14-A-4672 Sullivan Corectional Facility 325 Riverside Drive P.O. Box 116 Fallsburg, NY 12733-0116, at, on 8/20/2024 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)
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| Filing 9 SUMMONS ISSUED as to Michael Capra. (nb) |
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Filing 8
ORDER OF SERVICE: The Court directs the Clerk of Court to: (1) substitute Sing Sing Superintendent John Doe with Sing Sing Superintendent Michael Capra under Fed. R. Civ. P. 21; (2) issue a summons for Defendant Michael Capra, complete the USM-285 form with the address for Defendant, and deliver all documents necessary to effect service to the U.S. Marshals Service; (3) mail a copy of this order and the complaint to the New York State Attorney General's Office at: 28 Liberty Street, 16th Floor, New York, N.Y. 10005; and (4) mail an information package to Plaintiff. An "Amended Complaint" form is attached to this order. SO ORDERED. Michael Capra added. Superintendent John Doe (of the Sing Sing Correctional Facility) terminated. (Signed by Judge Cathy Seibel on 8/19/2024) (mml) Transmission to Pro Se Assistants for processing.
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| MAILING RECEIPT: Document No: 7. Mailed to: Ronell Jones 14-A-4672 Sullivan Corectional Facility 325 Riverside Drive P.O. Box 116 Fallsburg, NY 12733-0116. (nb) |
| FRCP 4 SERVICE PACKAGE DELIVERED TO U.S.M.: on 8/20/2024 Re: Judge Cathy Seibel #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) Michael Capra. (nb) |
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Filing 7
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 8/16/2024) (vn)
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| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. 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) |
| Filing 5 RESPONSE re: #3 Order Directing Prisoner Authorization,. Document filed by Renell Jones. (yv) |
| Filing 4 PRISONER AUTHORIZATION. Document filed by Renell Jones.(yv) |
| MAILING RECEIPT: Document No: 3. Mailed to: Renell Jones 14-A-4672 Sullivan Corectional Facility 325 Riverside Drive P.O. Box 116 Fallsburg, NY 12733-0116. (kgo) |
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Filing 3
ORDER DIRECTING PRISONER AUTHORIZATION: Plaintiff, who is currently incarcerated at Sullivan Correctional Facility, brings this action pro se. To proceed with a civil action in this Court, a prisoner must either pay $405.00 in fees a $350.00 filing fee plus a $55.00 administrative fee or, to request permission to proceed in forma pauperis (IFP), that is, without prepayment of fees, submit a signed IFP application and a prisoner authorization. See 28 U.S.C. 1914, 1915. If the Court grants a prisoner's IFP application, the Prison Litigation Reform Act requires the Court to collect the $350.00 filing fee in installments deducted from the prisoner's account. See 28 U.S.C. 1915(b)(1). A prisoner seeking to proceed in this Court without prepayment of fees must therefore also authorize the Court to withdraw these payments from his account by filing a "prisoner authorization," which directs the facility where the prisoner is incarcerated to deduct the $350.00 filing fee from the prisoner's account in installments and to send to this Court certified copies of the prisoner's account statements for the past six months. See 28 U.S.C. 1915(a)(2), (b). Plaintiff submitted an IFP application, but did not submit a prisoner authorization. Within thirty days of the date of this order, Plaintiff must either pay the $405.00 in fees or complete and submit the attached prisoner authorization. If Plaintiff submits the prisoner authorization, it should be labeled with docket number 24-CV-5549 (LTS). No summons shall issue at this time. If Plaintiff complies with this order, the case shall be processed in accordance with the procedures of the Clerk's Office. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed. 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 appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. Prisoner Authorization Form due by 8/29/2024. (Signed by Judge Laura Taylor Swain on 7/26/2024) (jca)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Renell Jones..(rdz) |
| Filing 1 COMPLAINT against John Doe Officers, Superintendent John Doe. Document filed by Renell Jones..(rdz) |
| Case Designated ECF. (rdz) |
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