DeLaney v. Pariso et al
| Clarence Delaney, Jr. |
| Ms. Amisano, Mr. Heller, Ms. Bannister, David Dinello, Mr. Pariso, David Infantino and M. Smith |
| 6:2019cv06656 |
| September 5, 2019 |
| US District Court for the Western District of New York |
| Charles J Siragusa |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 13 Case transferred in from District of New York Southern; Case Number 7:19-cv-06084. |
Filing 12
INFORMATION PACKAGE MAILED to Clarence DeLaney, Jr., at 834 State Street Schenectady, NY 12304, on 9/3/2019 Re: #11 Order of Service via REGULAR MAIL. 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 flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), 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, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (bwa) [Transferred from nysd on 9/5/2019.]
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| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 9/3/2019 Re: Judge Nelson Stephen Roman #11 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Ada Perez, Melissa M. Pickett, Shanikqua Harrison, Dr. W. Stolfi, Dr. Quinones. (bwa) [Transferred from nysd on 9/5/2019.] |
| SUMMONS ISSUED as to Shanikqua Harrison, Ada Perez, Melissa M. Pickett, Quinones, W. Stolfi. (bwa) [Transferred from nysd on 9/5/2019.] |
| PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Pariso, Smith, Bannister, Amisano, Dinello, Heller, and Infantino only, from the U.S.D.C. Southern District of New York to the United States District Court - Western District of New York (rj) [Transferred from nysd on 9/5/2019.] |
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Filing 11
ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Court severs from this action the Willard claims and transfers those claims - which includes all claims brought against Pariso, Smith, Bannister, Amisano, Dinello, Heller, and Infantino - to the United States District Court for the Western District of New York. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Perez, Pickett, Harrison, Stolfi, and Quinones and deliver all documents necessary to effect service to the U.S. Marshals Service. The Court denies Plaintiff's motion for the appointment of counsel, ECF No. 5, without prejudice to renewal at a later date. 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 in forma pauperis 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). 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 in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962)., Motions terminated: #5 MOTION to Appoint Counsel. filed by Clarence DeLaney, Jr.., David Dinello (Reginald Health Services Director), Heller (Drill Instructor, Willard DTC), David Infantino (ADA Cordinator), Pariso (Deputy Superintendent of Program Willard), M. Smith (Acting Superintendent of Program Willard DTC), Amisano (Nurse Practioner, Willard DTC) and Bannister (Nurse Administrator, Willard DTC) terminated. (Signed by Judge Nelson Stephen Roman on 8/30/2019) (rj) Transmission to Pro Se Assistants for processing. [Transferred from nysd on 9/5/2019.]
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| Filing 10 PRO SE MEMORANDUM(Letter) dated 8/21/19 re: CHANGE OF ADDRESS for Clarence DeLaney, Jr. New Address: 834 State Street, Schenectady, NY, 12307. (sc) [Transferred from nysd on 9/5/2019.] |
| Filing 9 PRO SE MEMORANDUM(Notice of Address Change), dated 8/15/19 re: CHANGE OF ADDRESS for Clarence DeLaney, Jr. New Address: 428 Duane Ave., Schenectady, NY, 12304. (sc) [Transferred from nysd on 9/5/2019.] |
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Filing 7
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: Plaintiff's application for leave to proceed without prepayment of fees is granted. A prisoner bringing a civil action is required to pay the full $350 filing fee even when proceeding in forma pauperis (IFP), that is, without prepayment of fees.... The Court must collect, when funds exist in a prisoner's account, an initial partial filing fee plus monthly payments. 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. The Clerk of Court is also directed to send a copy of this order to Plaintiff and note service on the docket. 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 Colleen McMahon on 8/20/2019) (sac) Transmission to Docket Assistant Clerk for processing. [Transferred from nysd on 9/5/2019.]
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| Magistrate Judge Paul E. Davison is so designated. 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: #http://nysd.uscourts.gov/forms.php. (wb) [Transferred from nysd on 9/5/2019.] |
| NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Colleen McMahon is no longer assigned to the case. (wb) [Transferred from nysd on 9/5/2019.] |
| Mailed a copy of #7 Order Granting IFP Application in Prisoner Case, to Superintendent at Fishkill Correctional Facility 271 Matteawan Road P.O. Box 1245 Beacon, NY 12508-0307 and to Clarence DeLaney, Jr. 428 Duane Ave Schenectady, NY 12304. (aea) [Transferred from nysd on 9/5/2019.] |
| Filing 6 PRO SE MEMORANDUM re: CHANGE OF ADDRESS for Clarence DeLaney, Jr. New Address: 428 Duane Ave., Schenectady, NY 12304. (rdz) Modified on 8/20/2019 (sac). [Transferred from nysd on 9/5/2019.] |
| Filing 5 MOTION FOR APPOINTMENT OF COUNSEL. Document filed by Clarence DeLaney, Jr. (vn) Modified on 8/20/2019 (sac). [Transferred from nysd on 9/5/2019.] |
| Filing 4 PRISONER AUTHORIZATION. Document filed by Clarence DeLaney, Jr.(sc) Modified on 8/20/2019 (sac). [Transferred from nysd on 9/5/2019.] |
| Filing 3 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Clarence DeLaney, Jr.(sc) Modified on 8/20/2019 (sac). [Transferred from nysd on 9/5/2019.] |
| Mailed a copy of #2 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to Clarence Delancy, Jr. DIN No. 17A0236 Fishkill Correctional Facility 271 Matteawan Road P.O. Box 1245 Beacon, NY 12508-0307. (aea) [Transferred from nysd on 9/5/2019.] |
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Filing 2
ORDER DIRECTING PAYMENT OF FEE 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 Clerk of Court is directed to assign this matter to my docket. 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 8/7/2019. In Forma Pauperis (IFP) Application due by 8/7/2019. Prisoner Authorization Form due by 8/7/2019. (Signed by Judge Colleen McMahon on 7/8/2019) (Attachments: #1 Exhibit IFP application, #2 Exhibit prisoner authorization)(asg) Transmission to Docket Assistant Clerk for processing. [Transferred from nysd on 9/5/2019.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (jc) [Transferred from nysd on 9/5/2019.] |
| Filing 1 COMPLAINT against Amisano, Bannister, David Dinello, Shanikqua Harrison, Heller, David Infantino, Pariso, Ada Perez, Melissa M. Pickett, Quinones, M. Smith, W. Stolfi. Document filed by Clarence DeLaney, Jr. (Attachments: #1 Letter) (sac) Modified on 8/20/2019 (sac). [Transferred from nysd on 9/5/2019.] |
| Case Designated ECF. (sac) [Transferred from nysd on 9/5/2019.] |
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