Vargas v. Renzi et al
| Antonio Vargas |
| Sergeant Shultz, Cpl Simonelli, Lieutenant Latona, Deputy Conheady, Spinner, Mark, Cpl Fennessy, Cpl Strann, Cpl Minis, Cyphrin, Sergeant Mascho, Judge J. Scott Odorisi, Hurley, Cpl Thorpe, Deputy Hahn, Mott, Sergeant Cavicchioli, Nelson, Vanduzee, Sergeant Knapp, Cpl Taylor, Monica, Major Leone, Christina Acosta, Sergeant Bevilacqua, Judge Alex Renzi, Lieutenant Fanina, Deputy Michaels, Cpl Pfeffer, Lieutenant Sarkis, Cpl Cappon, Public Defender Victoria Bahl, Captain Sheller, Cpl Neustaz, Dolittle, Jessica Ee, Stephanie, Cpl Chinappi, Tom Williams, Pubilc Defender Joshua Stubbe, Cpl Massaro, Deputy Mccrone, Sergeant Marcello, Natilie Thompson, Wiseman, Deputy Boudrez, Cpl Peck, Faith, Lieutenant Dimartino and Beth Caton |
| 6:2021cv06165 |
| February 16, 2021 |
| U.S. District Court for the Western District of New York |
| David G Larimer |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 10, 2022. A more recent docket listing may be available from PACER.
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Filing 17
TEXT ORDER Plaintiff's letter requesting an extension of time to file an amended complaint, Dkt. #15 , as directed in the Court's Order, dated March 15, 2021, Dkt. #9, is GRANTED. The Amended Complaint must be filed on or before May 15, 2021. As set forth in the March 15, 2021 Order, in the event Plaintiff fails to file an amended complaint as directed on or before May 15, 2021, the Clerk of Court is directed to cause the United States Marshal to serve copies of the Summons, Complaint, and this Order regarding the claims of forced medication at the Rochester Psychiatric Center upon Defendants Mott, Wiseman, Jessica "Ee", Beth Caton, Christine Acosta, "Mark," Cyphrin, Nelson and Dolittle (4th-5th Claims), without Plaintiff's payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in Plaintiff's favor; and the claims related to Plaintiff's confinement at the Monroe County Jail (7th-9th, 13th-15th, and 17th-31st Claims) will be dismissed with prejudice without further order of the Court and the Clerk of the Court shall terminate Defendants Nos. 14-50 as identified in the "Defendant's Information" section of the Complaint, Dkt. 1 at 2-3. Plaintiff also has filed another letter setting forth additional claims that he alleges occurred after filing of the Complaint and asks for permission to supplement his Complaint to include these claims. Dkt. #16 . As set forth in the Court's TEXT ORDER, dated March 19, 2021, Plaintiff may include the claims set forth in this letter and his previously filed "Supplement" and "Additional Supplement," Dkt. 7-8, in his amended complaint. If Plaintiff does not include said claims in his amended complaint they will not be considered by the Court. Dkt. 11. Plaintiff is advised that he cannot continue filing letters with the Court. If he wishes to seek relief that is provided for in the Federal Rules of Civil Procedure, he must file a motion notifying the Court of the specific relief being requested and include an affidavit or declaration addressing why he believes he should be granted that relief. Any motion filed must be brought in good faith and supported by fact and law. See Fed. R. Civ. P. 11(b). A pro se Motion Form and Instructions package may be obtained by writing the Clerks Office. Signed by Hon. David G. Larimer on 4/15/2021. Copy of this Text Order sent by First Class Mail to plaintiff Antonio Vargas on 4/15/2021 to his address of record. (KAH)-CLERK TO FOLLOW UP-
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Filing 16
Letter from Antonio Vargas, dated 4/10/21, to Clerk. (Attachments: #1 Envelope) (JHF)
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Filing 15
Letter from Antonio Vargas, dated 4/7/21, to Clerk. (JHF) (Additional attachment(s) added on 4/12/2021: #1 Envelope) (JHF).
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A copy of #11 Order has been sent to the Plaintiff at Elmira Correctional. (BK)
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Filing 14
Mail Returned as Undeliverable re #11 Order, sent to Antonio Vargas. (BK)
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Filing 13
Letter from Antonio Vargas, dated 3/23/2021. (BK)
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Filing 12
DECLARATION signed by Antonio Vargas filed by Antonio Vargas. (BK)
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Filing 11
ORDER as to Plaintiff's "Supplement to Complaint" and "Additional Supplement to Complaint" (Dkt. Nos. 7-8). Plaintiff may include the claims set forth in his Supplement and Additional Supplement in an amended complaint. If Plaintiff does not include said claims in an amended complaint they will not be considered by the Court. Plaintiff is cautioned that he cannot file additional supplemental complaints without first seeking permission (leave) to file supplemental complaint. Signed by Hon. David G. Larimer on 3/19/2021. Copy of this Order sent by First Class Mail to Plaintiff Antonio Vargas on 3/19/2021 to his address of record. (KAH)
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Filing 10
Letter from Antonio Vargas, dated 3/15/21, to Clerk. (Attachments: #1 Envelope) (JHF)
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Clerk mailed a copy of order #9 with the NEF, Documents #1 , How to File an Amended Complaint packet and a How to File a Civil Rights Prisoner Case Packet to Antonio Vargas. (LMD)
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Filing 9
ORDER - IT HEREBY IS ORDERED that Plaintiff's motion to proceed in forma pauperis #2 is granted and his motion for appointment of counsel #6 is denied without prejudice; FURTHER, that Plaintiff's claims regarding his criminal prosecution against Defendants Judges Renzi and Odorisi, and Joshua Stubbe and Victoria Bahl (1st-3rd and 6th Claims) and the claims related to Plaintiff's grievances or the refusal to provide him grievance forms against Defendants Cpl. Fennessy and Chief Administrative Officer Vanduzee (11th-12th and 16th Claims) are dismissed with prejudice and the Clerk of the Court is directed to terminate Defendants Judges Renzi and Odorisi, Stubbe and Bahl as parties to this action;FURTHER, that Plaintiff is granted leave to file an amended complaint regarding only his claims related to his confinement at the Monroe County Jail (7th-9th, 13th-15th, 17th-31st Claims) as directed above no later than 45 days from the date of this Order;FURTHER, that the Clerk of Court is directed to send to Plaintiff with this Order a copy of the original complaint, a blank 1983 complaint form, and the instructions for preparing an amended complaint;FURTHER, that in the event Plaintiff fails to file an amended complaint as directed above no later than 45 days from the date of this Order, the claims related to his confinement at the Monroe County Jail (7th-9th, 13th-15th, and 17th-31st Claims) will be dismissed with prejudice without further order of the Court and the Clerk of the Court shall terminate Defendants Nos. 14-50 as identified in the "Defendant's Information" section of the Complaint, Complaint at 2-3; andFURTHER, that in the event Plaintiff fails to file an amended complaint as directed above no later than 45 days of the date of this Order, the Clerk of Court is directed to cause the United States Marshal to serve copies of the Summons, Complaint, and this Order regarding the claims of forced medication at the Rochester Psychiatric Center upon Defendants Mott, Wiseman, Jessica "Ee", Beth Caton, Christine Acosta, "Mark," Cyphrin, Nelson and Dolittle (4th-5th Claims), without Plaintiff's payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in Plaintiff's favor; and FURTHER, that, pursuant to 42 U.S.C. 1997e(g), Defendants are directed to answer the Complaint upon service. Signed by Hon. David G. Larimer on 3/15/2021. (KAH)-CLERK TO FOLLOW UP-
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Filing 8
ADDITIONAL SUPPLEMENT to #1 Complaint, filed by Antonio Vargas. (Attachments: #1 Envelope) (JHF)
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Filing 7
SUPPLEMENT to #1 Complaint, filed by Antonio Vargas. (Attachments: #1 Envelope) (JHF)
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Filing 6
MOTION to Appoint Counsel by Antonio Vargas. (Attachments: #1 Envelope) (JHF)
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Filing 5
Letter from Antonio Vargas, dated 3/2/21, to Clerk. (Attachments: #1 Envelope) (JHF)
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Filing 4
Pro Se Unit Response to #3 Letter. Copy of letter, docket report and attorney request motion form mailed to plaintiff. (JHF)
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Filing 3
Letter from Antonio Vargas, dated 2/20/21, to Clerk. (JHF)
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Prisoner Pro Se Packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge and Civil Case Timeline mailed to plaintiff. (JHF)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Antonio Vargas. (JHF)
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Filing 1
COMPLAINT against Christina Acosta, Victoria Bahl, Bevilacqua, Boudrez, Cappon, Beth Caton, Cavicchioli, Chinappi, Conheady, Cyphrin, Dimartino, Dolittle, Jessica Ee, Faith, Fanina, Fennessy, Hahn, Hurley, Knapp, Latona, Leone, Marcello, Mark, Mascho, Massaro, Mccrone, Michaels, Minis, Monica, Mott, Nelson, Neustaz, J. Scott Odorisi, Peck, Pfeffer, Alex Renzi, Sarkis, Sheller, Shultz, Simonelli, Spinner, Stephanie, Strann, Joshua Stubbe, Taylor, Natilie Thompson, Thorpe, Vanduzee, Tom Williams, Wiseman, filed by Antonio Vargas. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Envelope) (JHF)
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (JHF)
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